# EUR-Lex - 52013PC0410 - EN

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# 52013PC0410

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the implementation of the Single European Sky (recast) /* COM/2013/0410 final - 2013/0186 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The
Single European Sky (SES) initiative aims to improve the overall efficiency of
the way in which European airspace is organised and managed through a reform of
the industry providing air navigation services (ANS). Its development has
involved two comprehensive legislative packages – SES I and SES II composed of
four regulations[1]
– and over 20 Commission implementing rules and decisions[2]. The framework of the four SES
regulations is intertwined with the development of the European Aviation Safety
legislation[3],
the latter comprising a number of tasks entrusted to the European Aviation
Safety Agency (EASA)[4]
and the launch of a comprehensive project to modernise equipment and systems
for air navigation services under the SESAR title[5]. Existing rules touch upon five
interrelated pillars addressing performance, safety, technology, the human
factor and airports.

The experience gained with SES I since 2004
and SES II since 2009 has shown that the principles and direction of the SES
are valid and warrant a continuation of their implementation. However the
initiative is experiencing significant delays in its implementation, notably in
the achievement of the performance goals and the deployment of its basic elements
(such as functional airspace blocks (FABs) or National Supervisory Authorities
(NSAs)).

In 2009, when adopting the SES II package,
the legislator decided that SES II would be done in two stages and invited the
Commission to come back to do an alignment of SES and EASA regulations after
the initial set of EASA implementing measures and audit experiences concerning
ANS was in place[6].
A recast of the legislative package was therefore already foreseen, primarily
aiming at simplifying and clarifying the border line between EASA and SES legal
frameworks.

The process of recast also gives the
opportunity to assess the effectiveness of the existing legal provisions in the
light of the lack of timely implementation of the SES initiative. This process
of revision of the SES legal framework, known under the abbreviation of SES 2+,
is intended to accelerate the implementation of the reform of air navigation
services without departing from its original objectives and principles. It is
also part of the Single Market Act II[7]
initiative and aims hence to improve the general competitiveness and growth of
the EU economy and not just that of the air traffic management system.

The purpose of the SES 2+ package is to
introduce improvements in oversight of rules, the performance scheme, the
customer focus of the service providers and in overall performance.

In addition, the SES 2+ package will
simplify the legislation by eliminating certain overlaps in the existing
framework. Concerns have been raised about several overlapping areas existing
in the SES framework and there is also a need to clarify the roles of the
various actors at EU-level. This alignment between the four SES Regulations and
the EASA Basic Regulation[8],
is a purely technical adaptation measure already required by the legislation.
Due to the extent of overlap between the Regulations, a recast of the remaining
parts of the four SES Regulations into one is a logical consequence of that
adaptation.

Problems addressed

The first problem area addressed in SES2+
is the insufficient efficiency of Air Navigation ANS provision remains
relatively inefficient in terms of cost- and flight efficiency as well as the
capacity offered. This is highlighted by a comparison with the United States,
which covers similar sized airspace. In the US, the en-route airspace is
controlled by a single service provider as opposed to 38 en-route service
providers in Europe. The US service provider controls almost 70% more flights
with 38% less staff. The main root causes for this difference in productivity
in Europe are the shortcomings in setting up and enforcing the performance
scheme, ineffective supervisory authorities and the disproportionally high
amount of support staff in the service providers.

The second key problem addressed is a fragmented
ATM system. The European ATM system consists of 27 national authorities
overseeing in total over a hundred Air Navigation Service Providers (ANSPs),
with the associated variance in systems, rules and procedures. There is a large
amount of additional costs caused by the fact that Europe has a large number of
service providers, each procuring their own systems, mostly training their own
staff, creating their own operating procedures and being limited territorially
to providing services in a small airspace. To overcome fragmentation, the SES
has introduced the ideas of cross-border Functional Air Blocks (FABs) and the
centralised Network Manager to run certain network level services. However,
FABs are not yet performance oriented and the Network Manager remains too weak.

General
objective:

To improve
the competitiveness of the European air transport system vis-à-vis other
comparable regions and in particular to develop further the Single European Sky
initiative.

Specific
objectives:

·
To improve the performance of air traffic
services in terms of efficiency.

·
To improve the utilisation of air traffic
management capacity.

Operational
objectives:

·
To ensure that the provision of Air Navigation
Services is transparent, based on market principles and customer value.

·
To strengthen the role of the National
Supervisory Authorities.

·
To strengthen the process of setting up targets
and enforcing the performance scheme (including the reinforcement of the
Performance Review Body/Performance Review Unit (PRB/PRU).

·
To undertake a strategic redirection of
Functional Airspace Blocks.

·
To strengthen the governance and operational
scope of the Network Manager.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

A three-month public consultation was
performed between September and December 2012 on the DG MOVE website. In
addition two high-level events – a conference in Limassol and a hearing in
Brussels – have been organised and numerous bilateral meetings with all
affected stakeholders have taken place to support the preparation of this
initiative.

An impact assessment (IA) has been prepared
by DG MOVE to support legislative proposals on improving efficiency, safety and
competitiveness of the Single European Sky. The package proposes revising the
four SES Regulations ((EC) Nos 549-552/2004, as amended by Regulation (EC) No
1070/2009) and the EASA Basic Regulation (Regulation (EC) No 216/2008, as
amended by Regulation (EC) No 1108/2009)[9].
This initiative concerns agenda planning number (EU) No 2014/MOVE/001. The impact
assessment roadmap has also been published on the website of the Commission[10].

3.           LEGAL ELEMENTS OF THE
PROPOSAL

3.1.        Recast (throughout the
Regulation)

The four SES Regulations have been merged
into a single regulation, which has necessitated a number of changes throughout
them. The new rule is structured in five chapters based on the actors
concerned:

- Chapter I: General provisions

- Chapter II: National authorities

- Chapter III: Service provision

- Chapter IV: Airspace

- Chapter V: Final provisions

In addition, some of the contents which
overlapped with the existing Regulation (EC) No 216/2008 have been removed from
the SES Regulations and certain small details from these removed sections have
been reproduced in Regulation (EC) No 216/2008, in order to underline the
continuity of approach. Most provisions have been removed from Regulation (EC)
No 552/2004, which is now deleted in its entirety, except for certain details
related to Annex I on notified bodies, which have been merged with the annex on
qualified entities, as well as some general descriptive paragraphs in Annex II,
which are reproduced in Annex Vb of Regulation (EC) No 216/2008 to stress the
need for continuing existing policies.

In line with the view that the Commission
should focus on economic regulation and in particular on the performance scheme
and SESAR, whereas EASA(now EAA, under the agreement on standardisation of
Agencies) supports the process through co-ordinating all technical rule
drafting, a new Article 28 has been added to describe the manner in which the
consistency between SESAR policies and new technical rules can be ensured.

Finally, the new rules on implementing and
delegated acts stemming from the Lisbon Treaty have been included throughout
the Regulation.

3.2.        National authorities
(Articles 3, 4 and 5 and Article 2, definition 36)

One of the major needs for action
identified in the impact assessment has been the need to strengthen the
national authorities, both as regards their independence and their expertise
and resources. For that purpose Article 3 describes the level of independence
required from the authorities vis-à-vis the service providers they are intended
to oversee. Due to the need in some Member States to carry out some
administrative reorganisation, a transitional period is also foreseen until
2020. Furthermore more explicit requirements are set on the competences and
independence of the staff hired, as well as strengthening the independent
funding of the authorities through the route charges scheme Article 14.

To improve expertise amongst the
authorities, a network of national authorities is foreseen in Article 5,
including also the possibility of pooling experts so that States may benefit of
experts coming from other Member States.

Finally, a definition of the term 'National
Supervisory Authority' has been added, whereby it is clarified that for the
purposes of this Regulation the competent authorities under Regulation (EC) No
216/2008 are considered to be National Supervisory Authorities, so that no
second layer of administration is required.

3.3.        Performance and charging
schemes (Articles 11, 12, 13 and 14)

The Article 11 on performance scheme has
been amended to rationalise the process of target setting and to allow focusing
of target setting more at the local level. This allows for more educated
tailored setting of targets.

Small adjustments to support this have also
been made to Articles 12 and 13 on charging and the text has also been updated
so that the provision concerning funding of authority tasks covers also the
extension of EASA under Regulation (EC) No 1108/2009 to perform some of those
tasks.

3.4.        Functional Airspace Blocks
(Article 16)

The article was amended already under
Regulation (EC) No 1070/2009 to give the functional airspace blocks (FABs) more
of a performance focus and this process is continued in this revision. The FABs
should not be seen as static blocks of airspace, but as industry-led
initiatives to seek improvements in overall service provision. For that to be
possible, the industry needs to be given more flexibility to develop the FABs,
even to devise different types of FABs, depending on where they expect to find
the most synergies. Therefore the focus of the article is now more on flexible
"industrial partnerships" and the measure of success will be the
level of performance improvements achieved.

3.5.        Support services (Articles
10 and Article 2, definition 37)

Since analysis has shown that most
improvement potential exists in the services that are provided to support the
core air traffic services and since these services by their nature could also
be provided under market conditions, the former Article 9 of Regulation (EC) No
550/2004 has been deleted and replaced with an article concerning the provision
of support services under normal public procurement rules. The core air traffic
services, which are considered to be natural monopolies, remain under the
requirement to designate them, but support services should be allowed to
develop freely, using the full potential of expertise also from other sectors.
A safeguard clause has been included, based on the model of Article 4 of
Regulation (EC) No 1008/2008 to ensure vital security and economic interests
are not endangered. A transitional period is foreseen until 2020.

Finally, a definition of support services
is included in Article 2 (37) to explain which services are targeted with this
provision.

3.6.        Network Management
(Articles 17 and Article 2, definitions 7, 9 and 10)

The Article 17 on network management has
been updated in two ways. First, the previously inconsistent article has been
reorganised to bring the listing of all of the services that the Network
Manager provides into paragraph 2 and elements that were related to technical
implementing rules on air traffic flow management – and hence not to the
Network Manager itself – have been relocated in Annex Vb of Regulation (EC) No
216/2008, which already included the relevant provisions concerning flow
management rules. In connection with this, a reference to the aeronautical
information portal has been added to paragraph 2 as this service is already to
some extent integrated in the Network Manager, but not expressly mentioned in
the Regulation.

Secondly, the article has been revised to
align it with the language used in Regulation (EC) No 1108/2009, naming the
"functions" as "services" and treating the Network Manager
consistently in the same manner as other service providers insofar as
certification, oversight and safety requirements are concerned. The language of
the relevant definitions has also been updated accordingly.

Finally, a provision has been included in
Article 17 to cover the further development of the Network Manager in the
direction of an industrial partnership by 2020.

3.7.        Involvement of airspace
users (Article 19)

The need to introduce more customer focus
on the air navigation service providers was identified as one area of
improvement in the impact assessment. A new Article 19 has been created to
ensure the airspace users are consulted and also involved in the approval of
investment plans.

4.           OPTIONAL ELEMENTS

A shorter separate explanatory memorandum
has been created to accompany the proposed amendments to the EASA Basic
Regulation, i.e. Regulation (EC) No 216/2008.

The proposal has no impact on EU Budget, as
all the functions addressed in it already exist today.

ê 549/2004
(adapted)

2013/0186 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

laying down the
framework for the creation of Ö on the
implementation of Õ the sSingle
European sSky

(recast)

(Text with EEA relevance)

ê 549/2004
(adapted)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty Ö on the
Functioning of the European Union Õ establishing the European Community, and in particular Article 80(2) Ö 100(2) Õ thereof,

Having regard to the proposal from the
European Commission[11],

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[12],

Having regard to the opinion of the
Committee of the Regions[13],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

ò new

(1)       Regulation
(EC) No 549/2004 of 10 March 2004 laying down the framework for the
creation of the single European sky (the framework Regulation)[14], Regulation (EC)
No 550/2004 of 10 March 2004 on the provision of air navigation
services in the single European sky (the service provision Regulation)[15], Regulation (EC)
No 551/2004 of 10 March 2004 on the organisation and use of the
airspace in the single European sky (the airspace Regulation)[16] and Regulation (EC)
No 552/2004 of 10 March 2004 on the interoperability of the European
air traffic management network (the interoperability Regulation)[17] have been substantially
amended. Since further amendments are to be made, they should be recast in the
interests of clarity.

ê 549/2004
recital 1

(2)       Implementation of the
common transport policy requires an efficient air transport system allowing
safe and regular operation of air transport services, thus facilitating the
free movement of goods, persons and services.

ê 549/2004
recital 2 (adapted)

At its
Extraordinary Meeting in Lisbon on 23 and 24 March 2000, the European
Council called on the Commission to put forward proposals on airspace
management, air traffic control and air traffic flow management, based on the
work of the High Level Group on the single European sky set up by the
Commission. This Group, made up largely of the civil and military air
navigation authorities in the Member States, submitted its report in
November 2000.

ê 1070/2009
recital 2 (adapted)

(3)       The adoption by the
European Parliament and the Council of the first package of the single European
sky legislation, namely, Regulation (EC) No 549/2004 of 10 March 2004 laying down
the framework for the creation of the single European sky (the framework
Regulation), Regulation (EC) No 550/2004 of 10 March 2004 on the
provision of air navigation services in the single European sky (the service
provision Regulation), Regulation (EC)
No 551/2004 of
10 March 2004 on the organisation and use of the airspace in the single
European sky (the airspace Regulation), and
Regulation (EC) No 552/2004 of 10 March 2004 on the interoperability of the European air traffic
management network (the interoperability Regulation),
laid down a firm legal basis for a seamless, interoperable and safe air traffic
management (ATM) system.

ò new

The
adoption of the second package, namely, Regulation (EC) No 1070/2009, further
strengthened the Single European Sky initiative by introducing the performance
scheme and the Network Manager concepts to further improve the performance of
the European Air Traffic Management system

ê 550/2004
recital 3 (adapted)

Regulation
(EC) No 549/2004 of the European Parliament and of the Council of 10 March
2004 (the framework Regulation)[18] lays down the framework for the creation of
the single European sky.

ê 551/2004
recital 4 (adapted)

Regulation
(EC) No 549/2004 of the European Parliament and of the Council of 10 March
2004 (the framework Regulation)[19] lays down the framework for the creation of
the single European sky.

ê 551/2004
(adapted)

(4)       In Article 1 of the
1944 Chicago Convention on Civil Aviation, the Contracting States recognise
that ‘every State has complete and exclusive sovereignty over the airspace
above its territory’. It is within the framework of such sovereignty that the
Member States of the Community Ö Union Õ , subject to
applicable international conventions, exercise the powers of a public authority
when controlling air traffic.

ê 552/2004
recital 3 (adapted)

Regulation
(EC) No 549/2004 of the European Parliament and of the Council of 10 March
2004 (the framework Regulation)[20] lays down the framework for the creation of
the Single European Sky.

ê 1070/2009
recital 1

(5)       Implementation of the
common transport policy requires an efficient air transport system allowing the
safe, regular and sustainable operation of air transport services, optimising
capacity and facilitating the free movement of goods, persons and services.

ê 1070/2009
recital 37

(6)       The simultaneous pursuit
of the goals of augmentation of air traffic safety standards and improvement of
the overall performance of ATM and ANS for general air traffic in Europe
require that the human factor be taken into account. Therefore the Member
States should consider the introduction of ‘just culture’ principles.

ê 549/2004
recital 6 (adapted)

(7)       The Member States have
adopted a general statement on military issues related to the Single European Sky[21]. According to this statement,
Member States should, in particular, enhance civil-military cooperation and, if
and to the extent deemed necessary by all Member States concerned, facilitate
cooperation between their armed forces in all matters of air traffic
management.

ê 549/2004
recital 3

Smooth operation of the air transport system requires
a consistent, high level of safety in air navigation services allowing optimum
use of Europe's airspace and a consistent, high level of safety in air travel,
in keeping with the duty of general interest of air navigation services,
including public service obligations. It should therefore be carried out to the
highest standards of responsibility and competence.

ê 549/2004
recital 4

The single European sky initiative should be
developed in line with the obligations stemming from the membership of the
Community Union and its Member States of Eurocontrol, and in line with the
principles laid down by the 1944 Chicago Convention on International Civil
Aviation.

ê 549/2004
recital 5 (adapted)

(8)       Decisions relating to the
content, scope or carrying out of military operations and training do not fall
within the sphere of competence of the Community Ö Union under Article 100(2) of the Treaty on the
Functioning of the European Union Õ.

ê 549/2004
recital 23 (adapted)

Arrangements
for greater cooperation over the use of Gibraltar airport were agreed in London
on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a
joint declaration by the Ministers of Foreign Affairs of the two countries.
Such arrangements have yet to enter into operation.

ê 550/2004
recital 1 (adapted)

ð new

(9)       Member States have
restructured, to varying degrees, their national air navigation service
providers by increasing their level of autonomy and freedom to provide
services. It is increasingly necessary to ensure that ð a well-functioning common market
exists for those services that can be provided under market conditions
and ï minimum public-interest requirements are satisfied ð for those services that are
considered natural monopolies under current technological conditions ï under
this new environment.

ê 550/2004
recital 4

In order to create the single European sky, measures
should be adopted to ensure the safe and efficient provision of air navigation
services consistent with the organisation and use of airspace as provided for
in Regulation (EC) No 551/2004 of the European Parliament and of the Council of
10 March 2004 on the organisation and use of the airspace in the single
European sky (the airspace Regulation)[22]. The
establishment of a harmonised organisation for the provision of such services
is important in order to respond adequately to the demand of airspace users and
to regulate air traffic safely and efficiently.

ê 551/2004
recital 1

The creation of the single European sky requires a
harmonised approach for regulation of the organisation and the use of airspace.

ê 551/2004
recital 2 (adapted)

In the report
of the High Level Group on the single European sky in November 2000 it is
considered that airspace should be designed, regulated and strategically
managed on a European basis.

ê 551/2004
recital 3 (adapted)

The
Communication of the Commission on the creation of the single European sky of
30 November 2001 calls for structural reform to permit the creation of the
single European sky by way of a progressively more integrated management of
airspace and the development of new concepts and procedures of air traffic
management.

ê 551/2004
recital 6

Airspace is a common resource for all categories of
users that needs to be used flexibly by all of them, ensuring fairness and
transparency whilst taking into account security and defence needs of Member
States and their commitments within international organisations.

ê 551/2004
recital 7

Efficient airspace management is fundamental to
increasing the capacity of the air traffic services system, to providing the
optimum response to various user requirements and to achieving the most
flexible use of airspace.

ê 552/2004
recital 1

In order to create the Single European Sky, measures
should be adopted in relation to systems, constituents and associated
procedures with the objective of ensuring the interoperability of the European
air traffic management network (EATMN) consistent with the provision of air
navigation services as provided for in Regulation (EC) No 550/2004 of the
European Parliament and of the Council of 10 March 2004 on the provision
of air navigation services in the Single European Sky (the service provision
Regulation)[23] and the
organisation and use of airspace as provided for in Regulation (EC) No 551/2004
of the European Parliament and of the Council of 10 March 2003 on the
organisation and use of the airspace in the Single European Sky (the airspace
Regulation)[24].

ê 552/2004
recital 2 (adapted)

The report of
the High Level Group on the Single European Sky has confirmed the need to
establish technical regulation on the basis of the ‘new approach’ in accordance
with the Council resolution of 7 May 1985 on a new approach to technical
harmonisation and standards[25] where
essential requirements, rules and standards are complementary and consistent.

ê 552/2004
recital 4 (adapted)

The report of
the High Level Group has confirmed that even though progress has been achieved
during the last few years towards seamless operation of the EATMN, the
situation still remains unsatisfactory, with a low level of integration between
national air traffic management systems and a slow pace in the introduction of
new concepts of operation and technology necessary to deliver the additional
required capacity.

ê 552/2004
recital 5

Enhancing the level of integration at Community level
would result in better efficiency and lower costs for system procurement and
maintenance and in improved operational coordination.

ê 552/2004
recital 6

The predominance of national technical specifications
used in procurement has led to fragmentation of the systems market and does not
facilitate industrial cooperation at Community level; as a result, industry is
particularly affected since it needs to considerably adapt its products for
each national market; these practices render development and implementation of
new technology unnecessarily difficult and slow down the introduction of new
operational concepts that are required to increase capacity.

ê 549/2004
recital 8)

For all these reasons, and with a view to extending
the single European sky to include a larger number of European States, the
Community should, while taking into account the developments occurring within
Eurocontrol, lay down common objectives and an action programme to mobilise the
efforts by the Community, the Member States and the various economic
stakeholders in order to create a more integrated operating airspace: the
single European sky.

ê 549/2004
recital 24

Since the objective of this Regulation, namely the
creation of the single European sky, cannot be sufficiently achieved by the
Member States, by reason of the transnational scale of the action, and can
therefore be better achieved at Community Union level, while allowing
for detailed implementing rules that take account of specific local conditions,
the Community Union may adopt measures in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty. In accordance with the
principle of proportionality as set out in that Article, this Regulation does
not go beyond what is necessary in order to achieve this objective.

ê 549/2004
recital 9

Where Member States take action to ensure compliance
with Community requirements, the authorities performing verifications of
compliance should be sufficiently independent of air navigation service
providers.

ê 549/2004
recital 10

Air navigation services, in particular air traffic
services which are comparable to public authorities, require functional or
structural separation and are organised according to very different legal forms
in the various Member States.

ê 549/2004
recital 11

Where independent audits are required relating to
providers of air navigation services, inspections by the official auditing
authorities of the Member States where those services are provided by the
administration, or by a public body subject to the supervision of the
abovementioned authorities, should be recognised as independent audits, whether
the audit reports drawn up are made public or not.

ê 1070/2009
recital 9

(10)     To ensure the consistent
and sound oversight of service provision across Europe, the national
supervisory authorities should be guaranteed sufficient independence and
resources. This independence should not prevent those authorities from
exercising their tasks within an administrative framework.

ê 1070/2009
recital 10

(11)     National supervisory
authorities have a key role to play in the implementation of the sSingle
European sSky
and the Commission should therefore facilitate cooperation among them in order
to enable the exchange of best practices and to develop a common approach,
including through enhanced cooperation at regional level. This cooperation
should take place on a regular basis.

ê 550/2004
recital 6

Member States are responsible for monitoring the safe
and efficient provision of air navigation services and for the control of
compliance by air navigation service providers with the common requirements
established at Community level.

ê 550/2004
recital 7

Member States should be permitted to entrust to
recognised organisations, which are technically experienced, the verification
of compliance of air navigation service providers with the common requirements
established at Community level.

ê 549/2004
recital 20

The sanctions provided for with respect to
infringements of this Regulation and of the measures referred to in Article 3
should be effective, proportional and dissuasive, without reducing safety.

ê 549/2004
recital 17

The social partners should be informed and consulted
in an appropriate way on all measures having significant social implications.
The Sectoral Dialogue Committee set up under Commission Decision 1998/500/EC of
20 May 1998 on the establishment of Sectoral Dialogue Committees promoting
the dialogue between the social partners at European level[26] should also
be consulted.

ê 1070/2009
recital 11 (adapted)

(12)     The social partners should
be better informed and consulted on all measures having significant social
implications. At Community Ö Union Õ level, the
Sectoral Dialogue Committee set up under Commission Decision 98/500/EC[27] should also be consulted.

ê 550/2004
recital 11

Conditions attached to certificates should be
objectively justified and should be non-discriminatory, proportionate and
transparent, and compatible with relevant international standards.

ê 550/2004
recital 2 (adapted)

The report of
the High Level Group on the single European sky of November 2000 has
confirmed the need for rules at Community level to distinguish between
regulation and service provision and to introduce a system of certification
aimed at preserving public interest requirements, most notably in terms of
safety, and to improve charging mechanisms.

ê 550/2004
recital 10

Whilst guaranteeing the continuity of service
provision, a common system should be established for certifying air navigation
service providers, which constitutes a means for defining the rights and
obligations of those providers and for regular monitoring of compliance with
such requirements.

ê 550/2004
recital 12

The certificates should be mutually recognised by all
Member States in order to allow air navigation service providers to provide
services in a Member State other than the country in which they obtained their
certificates, within the limits of the safety requirements.

ê 550/2004
recital 14

In the interest of facilitating the safe handling of
air traffic across the boundaries of the Member States for the benefit of the
airspace users and their passengers, the system of certification should provide
for a framework to enable Member States to designate providers of air traffic
services, regardless of where they have been certified.

ê 550/2004
recital 5

The provision of air traffic services, as envisaged
by this Regulation, is connected with the exercise of the powers of a public
authority, which are not of an economic nature justifying the application of
the Treaty rules of competition.

ê 550/2004
recital 13

ð new

(13)     The provision of
communication, navigation and surveillance services, as well as ð meteorological and ï aeronautical information services, should be organised under market
conditions whilst taking into account the special features of such services and
maintaining a high level of safety.

ê 550/2004
recital 15

On the basis of their analysis of safety
considerations, Member States should be able to designate one or more providers
of meteorological services in respect of all or part of the airspace under
their responsibility, without the need to organise a call for tenders.

ê 550/2004
recital 19

Charging conditions applying to airspace users should
be fair and transparent.

ê 550/2004
recital 20

User charges should provide remuneration for the
facilities and services provided by air navigation service providers and Member
States. The level of user charges should be proportionate to the cost, taking
into consideration the objectives of safety and economic efficiency.

ê 550/2004
recital 21

(14)     There should be no
discrimination between airspace users as to the provision of equivalent air
navigation services.

ê 550/2004
recital 22

Air navigation service providers offer certain
facilities and services directly related to the operation of aircraft, the
costs of which they should be able to recover according to the ‘user pays’
principle, which is to say that airspace users should pay for the costs they
generate at, or as close as possible to, the point of use.

ê 550/2004
recital 23

It is important to ensure the transparency of the
costs to which such facilities or services give rise. Accordingly, any changes
made to the system or level of charges should be explained to airspace users;
such changes or investment proposed by air navigation service providers should
be explained as part of an exchange of information between their management
bodies and airspace users.

ê 550/2004
recital 24

There should be scope for modulating charges that
contribute to maximising system-wide capacity. Financial incentives may be a
useful way of accelerating the introduction of ground-based or airborne
equipment that increases capacity, of rewarding high performance or of
offsetting the inconvenience of choosing less desirable routings.

ê 550/2004
recital 25

In the context of those revenues raised to provide a
reasonable return on assets, and in direct correlation with the savings made
from efficiency improvements, the Commission should study the possibility of
establishing a reserve aimed at reducing the impact of a sudden increase in
charges to airspace users at times of reduced levels of traffic.

ê 550/2004
recital 26

The Commission should examine the feasibility of
organising temporary financial aid for measures to increase the capacity of
Europe's air traffic control system as a whole.

ê 1070/2009
recital 7 (adapted)

(15)     The concept of common
projects, aimed at assisting airspace users and/or air navigation service
providers to improve collective air navigation infrastructure, the provision of
air navigation services and the use of airspace, in particular those that may
be required for the implementation of the ATM Master Plan Ö as
endorsed by Council Decision 2009/320/EC[28]
, in accordance with Article 1(2) of Council Regulation (EC) No 219/2007 Õ , should not
prejudice pre-existing projects decided by one or several Member States with
similar objectives. The provisions on financing of the deployment of common
projects should not prejudge the manner in which these common projects are set
up. The Commission may propose that funding, such as Trans-European Network or
European Investment Bank funding, may be used in support of common projects, in
particular to speed up the deployment of the SESAR programme, within the
multiannual financial framework. Without prejudice to access to that funding,
Member States should be free to decide how revenues generated by the auctioning
of aviation sector allowances under the Emissions Trading Scheme are to be used
and to consider in this context whether a share of such revenues might be used
to finance common projects at the level of functional airspace blocks.

ê 550/2004
recital 27

The establishment and imposition of charges on
airspace users should be reviewed by the Commission on a regular basis, in
cooperation with Eurocontrol, and with national supervisory authorities and
airspace users.

ê 551/2004
recital 8

The activities of Eurocontrol confirm that the route
network and airspace structure cannot realistically be developed in isolation,
as each individual Member State is an integral element of the European air
traffic management network (EATMN), both inside and outside the Community.

ê 551/2004
recital 13

It is essential to achieve a common, harmonised
airspace structure in terms of routes and sectors, to base the present and
future organisation of airspace on common principles, and to design and manage
airspace in accordance with harmonised rules.

ò new

(16)     The
concept of a Network Manager entity is central to improving the performance of
Air Traffic Management at network level, by centralising the provision of
certain services, which are best performed at network level. In order to
facilitate dealing with an aviation crisis, a coordination of such a crisis
should be ensured by the Network Manager.

(17)     Commission
is convinced that the safe and efficient use of airspace can only be achieved
through close cooperation between civil and military users of airspace, mainly
based on the concept of flexible use of airspace and effective civil-military
coordination as established by ICAO, it stresses the importance of enhancing
civil military cooperation between civil and military users of airspace.

(18)     Accuracy
of information on airspace status and on specific air traffic situations and
timely distribution of this information to civil and military controllers has a
direct impact on the safety and efficiency of operations. Timely access to
up-to-date information on airspace status is essential for all parties wishing
to take advantage of airspace structures made available when filing or
re-filing their flight plans.

ê 550/2004
recital 16

Air navigation service providers should establish and
maintain close cooperation with military authorities responsible for activities
that may affect general air traffic, through appropriate arrangements.

ê 550/2004
recital 17

The accounts of all air navigation service providers
should provide for maximum transparency.

ê 550/2004
recital 18

The introduction of harmonised principles and
conditions for access to operational data should facilitate the provision of
air navigation services and the operation of airspace users and airports under
a new environment.

ê 551/2004
recital 9

A progressively more integrated operating airspace
should be established for en-route general air traffic in the upper airspace;
the interface between upper and lower airspace should be identified accordingly.

ê 551/2004
recital 10

A European upper flight information region (EUIR)
encompassing the upper airspace under the responsibility of the Member States
within the scope of this Regulation should facilitate common planning and
aeronautical information publication in order to overcome regional bottlenecks.

ê 1070/2009
recital 30 (adapted)

(19)     The provision of modern,
complete, high-quality and timely aeronautical information has a significant
impact on safety and on facilitating access to Community Ö Union Õ airspace and
freedom of movement within it. Taking account of the ATM Master Plan, the Community Ö Union Õ should take
the initiative to modernise this sector in cooperation with Eurocontrol Ö the
Network Manager Õ and ensure
that users are able to access those data through a single public point of
access, providing a modern, user-friendly and validated integrated briefing.

ê 551/2004
recital 11

Airspace users face disparate conditions of access
to, and freedom of movement within, the Community airspace. This is due to the
lack of harmonisation in the classification of airspace.

ê 551/2004
recital 12

The reconfiguration of airspace should be based on
operational requirements regardless of existing boundaries. Common general
principles for creating uniform functional airspace blocks should be developed
in consultation with and on the basis of technical advice from Eurocontrol.

ê 551/2004
recital 14

The concept of the flexible use of airspace should be
applied effectively; it is necessary to optimise the use of sectors of
airspace, especially during peak periods for general air traffic and in
high-traffic airspace, by cooperation between Member States in respect of the
use of such sectors for military operations and training. To that end, it is
necessary to allocate the appropriate resources for an effective implementation
of the concept of the flexible use of airspace, taking into account both civil
and military requirements.

ê 551/2004
recital 15

Member States should endeavour to cooperate with
neighbouring Member States to apply the concept of flexible use of airspace
across national borders.

ê 551/2004
recital 16

Differences in the organisation of civil-military
cooperation in the Community restrict uniform and timely airspace management
and the implementation of changes. The success of the single European sky is
dependent upon effective cooperation between civil and military authorities,
without prejudice to the prerogatives and responsibilities of the Member States
in the field of defence.

ê 551/2004
recital 17

Military operations and training should be
safeguarded whenever the application of common principles and criteria is
detrimental to their safe and efficient performance.

ê 551/2004
recital 18

Adequate measures should be introduced to improve the
effectiveness of air traffic flow management in order to assist existing
operational units, including the Eurocontrol Central Flow Management Unit, to
ensure efficient flight operations.

ê 552/2004
recital 10

Implementing rules for interoperability should be
drawn up for systems whenever necessary to complement or further refine the
essential requirements; those rules should also be drawn up where necessary to
facilitate the coordinated introduction of new, agreed and validated concepts
of operation or technologies; compliance with those rules should be permanently
maintained; those rules should rely on rules and standards developed by
international organisations such as Eurocontrol or ICAO.

ê 552/2004
recital 7

It is therefore in the interest of all those involved
in air traffic management to develop a new partnership approach allowing the
balanced involvement of all parties and stimulating creativity and the sharing
of knowledge, experience and risks; such partnership should aim at defining, in
cooperation with industry, a coherent set of Community specifications that can
fulfil the widest possible range of needs.

ê 552/2004
recital 11

The development and adoption of Community
specifications concerning EATMN, its systems and constituents and associated
procedures is an appropriate means of defining the technical and operational
conditions necessary to meet the essential requirements and relevant
implementing rules for interoperability; compliance with published Community
specifications, which remains voluntary, creates a presumption of conformity
with the essential requirements and the relevant implementing rules for
interoperability.

ê 552/2004
recital 12

Community specifications should be established by the
European standardisation bodies in conjunction with the European Organisation
for Civil Aviation Equipment (Eurocae) and by Eurocontrol, in accordance with
general Community standardisation procedures.

ê 552/2004
recital 13

The procedures governing the assessment of conformity
or suitability for use of constituents should be based on the use of the
modules covered by Council Decision 93/465/EEC of 22 July 1993 concerning
the modules for the various phases of the conformity assessment procedures and
the rules for the affixing and use of the CE conformity marking, which are
intended to be used in the technical harmonisation directives[29]; as far as
necessary, these modules should be expanded to cover specific requirements of
the industries concerned.

ê 552/2004
recital 14

The market concerned is of small size and consists of
systems and constituents used almost exclusively for air traffic management
purposes and not intended for the general public; it would be therefore
excessive to affix the CE mark to constituents as, on the basis of the
assessment of conformity and/or suitability for use, the manufacturer's
declaration of conformity is sufficient; that should not affect the obligation
on manufacturers to affix the CE mark to certain constituents in order to
certify their compliance with other Community legislation relating to them.

ê 552/2004
recital 15

The putting into service of air traffic management
systems should be subject to verification of compliance with the essential
requirements and relevant implementing rules for interoperability; use of
Community specifications creates a presumption of conformity with the essential
requirements and relevant implementing rules for interoperability.

ê 552/2004
recital 16

The full application of this Regulation should be
accomplished by means of a transitional strategy designed to attain the
objectives of this Regulation while not creating unjustified cost-benefit
barriers to preservation of the existing infrastructure.

ê 549/2004
recital 7

Airspace constitutes a limited resource, the optimum
and efficient use of which will be possible only if the requirements of all
users are taken into account and where relevant, represented in the whole
development, decision-making process and implementation of the single European
sky, including the Single Sky Committee.

ê 549/2004
recital 25

The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise of implementing
powers conferred on the Commission[30].

ê 549/2004
recital 26 (adapted)

Article 8(2)
of the Standard Rules of Procedure for committees[31] established in application of
Article 7(1) of Decision 1999/468/EC provides a standard rule according to
which the Chairman of a committee may decide to invite third parties to a
meeting of that committee. If appropriate, the Chairman of the Single Sky
Committee should invite representatives of Eurocontrol to take part in meetings
as observers or experts,

ê 549/2004
recital 18

Stakeholders such as air navigation service
providers, airspace users, airports, manufacturing industry and professional
staff representative bodies should have the possibility to advise the
Commission on technical aspects of the implementation of the single European
sky.

ê 549/2004
recital 12

It is desirable to extend the single European sky to
European third countries, either within the framework of participation by the
Community in the work of Eurocontrol, after the accession by the Community to
Eurocontrol, or by means of agreements concluded by the Community with these
countries.

ê 549/2004
recital 13

The accession of the Community to Eurocontrol is an
important component in the creation of a pan-European airspace.

ê 549/2004
recital 14

In the process of creating the single European sky,
the Community should, where appropriate, develop the highest level of
cooperation with Eurocontrol in order to ensure regulatory synergies and
consistent approaches, and to avoid any duplication between the two sides.

ê 549/2004
recital 15 (adapted)

In accordance
with the conclusions of the High Level Group, Eurocontrol is the body that has
the appropriate expertise to support the Community in its role as regulator.
Accordingly, implementing rules should be developed, for matters falling within
the remit of Eurocontrol as a result of mandates to that organisation, subject
to the conditions to be included in a framework of cooperation between the
Commission and Eurocontrol.

ê 549/2004
recital 16

The drafting of the measures necessary in order to
create the single European sky requires broad-based consultations of economic
and social stakeholders.

ê 550/2004
recital 8

Smooth operation of the air transport system also
requires uniform and high safety standards for air navigation service
providers.

ê 550/2004
recital 9

Arrangements should be made to harmonise the
licensing systems for controllers, in order to improve the availability of
controllers and to promote the mutual recognition of licences.

ê 550/2004
recital 28

Owing to the particular sensitivity of information
concerning air navigation service providers, national supervisory authorities
should not disclose information covered by the obligation of professional
secrecy, without prejudice to the organisation of a system for monitoring and
publishing the performance of those providers,

ê 549/2004
recital19

The performance of the air navigation services system
as a whole at European level should be assessed on a regular basis, with due
regard to the maintenance of a high level of safety, to check the effectiveness
of the measures adopted and to propose further measures.

ê 549/2004
recital 21

The impact of the measures taken to apply this
Regulation should be evaluated in the light of reports to be submitted regularly
by the Commission.

ê 551/2004
recital 19

It is desirable to reflect upon the extension of
upper airspace concepts to the lower airspace, in accordance with a timetable
and appropriate studies,

ê 549/2004
recital 22

This Regulation does not affect the power of Member
States to adopt provisions in relation to the organisation of their armed
forces. This power may lead Member States to adopt measures to ensure that
their armed forces have sufficient airspace for adequate education and training
purposes. Provision should therefore be made for a safeguards clause to enable
this power to be exercised.

ê 552/2004
recital 19 (adapted)

For reasons of
legal certainty it is important to ensure that the substance of certain
provisions of Community legislation adopted on the basis of Directive 93/65/EEC
remains in force unchanged. The adoption under this Regulation of the
implementing rules corresponding to such provisions will necessitate a certain
amount of time,

ê 552/2004
recital 18 (adapted)

Council
Directive 93/65/EEC of 19 July 1993 on the definition and use of
compatible technical specifications for the procurement of air traffic
management equipment and systems[32] is limited to obligations of awarding
entities; this Regulation is more comprehensive in that it addresses
obligations of all actors, including air navigation service providers, airspace
users, industry and airports, and provides both for rules applicable to all and
for the adoption of Community specifications which, while being voluntary,
creates a presumption of conformity with the essential requirements. Therefore,
Directive 93/65/EEC, Commission Directive 97/15/EC of 25 March 1997
adopting Eurocontrol standards and amending Council Directive 93/65/EEC on the
definition and use of compatible technical specifications for the procurement
of air-traffic-management equipment and systems[33] and Commission Regulations (EC)
No 2082/2000 of 6 September 2000 adopting Eurocontrol standards and
amending Directive 97/15/EC[34] and (EC) No 980/2002 of 4 June 2002
amending Regulation (EC) No 2082/2000 should be repealed after a
transitional period.

ê 552/2004
recital 8

The internal market is a Community objective and
therefore measures taken under this Regulation should contribute to its
progressive development in this sector.

ê 552/2004
recital 9

It is therefore appropriate to define essential
requirements which should apply to the European air traffic management network,
its systems, constituents and associated procedures.

ê 552/2004
recital 17

Within the framework of the relevant Community
legislation, due account should be taken of the need to ensure:

–
harmonised conditions with regard to the availability
and efficient use of radio spectrum necessary for the implementation of the
Single European Sky, including electromagnetic compatibility aspects,

–
protection of the safety-of-life services from
harmful interference,

–
efficient and appropriate use of frequencies
allocated to and managed exclusively by the aviation sector.

ò new

(20)     In
order to take into account the changes introduced in Regulations (EC) No
1108/2009 and (EC) No 1070/2009 , it is necessary, in accordance with Article
65a of Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on
common rules in the field of civil aviation and establishing a European
Aviation Safety Agency[35], to align the content of this Regulation with
that of Regulation (EC) No 216/2008.

(21)     Furthermore,
the technical details of Regulations (EC) No 549/2004, (EC) No 550/2004, (EC)
No 551/2004 and (EC) No 552/2004, agreed in 2004 and 2009, should be brought
up-to date as well as technical corrections made to take account of progress.

(22)     The
geographical scope of this Regulation over the ICAO NAT region should be
amended to take account of the existing and planned service provision
arrangements and the need to ensure consistency in application of rules to the
air navigation service providers and airspace users operating in that area.

(23)     In
line with its roles as an operational organisation and the continuing reform of
Eurocontrol, the function of the Network Manager should be further developed
towards an industry-led partnership.

(24)     The
concept of functional airspace blocks designed to improve the co-operation between
air traffic service providers, is an important tool for improving the
performance of the European ATM system. To further enhance this tool, the
functional airspace blocks should be made more performance focused, based on
industrial partnerships and industry should be given more freedom to modify
them in order to reach and, where possible exceed, the performance targets.

(25)     The
functional airspace blocks should operate in a flexible manner, bringing
together service providers across Europe to capitalise on each other's
strengths. This flexibility should allow for seeking synergies between
providers regardless of their geographical location or nationality and allow
for variable formats of service provision to emerge in the search for
performance improvements.

(26)     To
enhance the customer-focus of air navigation service providers and to increase
the possibility of airspace users to influence decisions, which affect them,
the consultation and participation of stakeholders in major operational
decisions of the air navigation service providers should be made more
effective.

(27)     The
performance scheme is a central tool for economic regulation of ATM and the
quality and independence of its decisions should be maintained and where
possible improved.

(28)     In
order to take into account technical or operational developments, in particular
by amending annexes, or by supplementing the provisions on network management
and performance scheme, the power to adopt acts in accordance with Article 290
of the Treaty on the Functioning of the European Union should be delegated to
the Commission. The content and scope of each delegation is set out in detail
in the relevant Articles. It is of particular importance that the Commission
carries out appropriate consultations during its preparatory work, including at
expert level. The Commission, when preparing and drawing-up delegated acts,
should ensure a simultaneous, timely and appropriate transmission of relevant
documents to the European Parliament and Council.

(29)     When
adding to the list of network management services, the Commission should
conduct a proper consultation of industry stakeholders.

(30)     In order to ensure uniform conditions for
the implementation of this Regulation, in particular with regard to the
exercise of their powers by national supervisory authorities, provision of
support services on an exclusive basis by a service provider or groupings
thereof , corrective measures to ensure compliance with the Union-wide and
associated local performance targets, review of compliance in relation to the
charging scheme, governance and adoption of common projects for network related
functions, functional airspace blocks, modalities of participation of
stakeholders in major operational decisions of the air navigation service
providers, access to and protection of data, electronic aeronautical
information and technological development and interoperability of air traffic
management, implementing powers should be conferred on the Commission. Those
powers should be exercised in accordance with Regulation (EU) No 182/2011 of
the European Parliament and of the Council of 16 February 2011 laying down the
rules and general principles concerning mechanisms for control by Member States
of the Commission’s exercise of implementing powers[36].

(31)     In
accordance with Regulation (EU) No 182/2011, for the implementing acts adopted
under this Regulation, the examination procedure should be used for the adoption
of implementing acts of general.

(32)     The
advisory procedure should be used for the adoption of implementing acts of
individual scope.

ê 549/2004
recital 20 (adapted)

(33)     The penalties provided for
with respect to infringements of this Regulation and of the measures referred to in Article 3 should be effective, proportional and dissuasive, without reducing
safety.

ò new

(34)     The
procurement of support services should be carried out, as applicable, in
accordance with Directive 2004/18/EC of the European Parliament and of the
Council of 31 March 2004 on the coordination of procedures for the award of
public works contracts, public supply contracts and public service contracts[37] and Directive 2004/17/EC of
the European Parliament and of the Council of 31 March 2004 coordinating the
procurement procedures of entities operating in the water, energy, transport
and postal services sectors[38].
Account should also be taken of the guidelines set out in the Commission
interpretative communication 2006/C179/02 on the Community law applicable to
contract awards not or not fully subject to the provisions of the Public
Procurement Directives[39],
as appropriate

ê 1070/2009
recital 42

(35)     The Ministerial Statement
on Gibraltar Airport, agreed in Córdoba on 18 September 2006 (the
Ministerial Statement), during the first Ministerial meeting of the Forum of
Dialogue on Gibraltar, will replace the Joint Declaration on the Airport made
in London on 2 December 1987, and the full compliance with that Statement
will be deemed to constitute compliance with the 1987 Declaration.

ê 1070/2009
recital 43

(36)     This Regulation applies in
full to Gibraltar Airport in the context and by virtue of the Ministerial
Statement. Without prejudice to the Ministerial Statement, the application to
Gibraltar Airport and all the measures related to its implementation shall
conform fully with that Statement and all the arrangements contained therein.

ê 549/2004
recital 24 (adapted)

(37)     Since the objective of this
Regulation, namely the creation Ö implementation Õ of the
Single European Sky, cannot be sufficiently achieved by the Member States, by
reason of the transnational scale of the action, and can therefore be better
achieved at Community Ö Union Õ level, while allowing for
detailed implementing rules that take account of specific local conditions,
the Community Ö Union Õ may adopt
measures in accordance with the principle of subsidiarity, as set out in
Article 5 of the Treaty on European Union. In accordance with the
principle of proportionality, as set out in that Article, this Regulation does
not go beyond what is necessary in order to achieve this objective.

ê 552/2004

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

ê 1070/2009
Art. 1.1 (adapted)

ð new

Article 1

Objective Ö Subject
matter Õ and scope

1. ð This Regulation lays down rules for
the creation and proper functioning of ï The objective of the sSingle
European sSky initiative is to enhance Ö in order
to ensure Õ current air
traffic safety standards, to contribute to the sustainable development of the
air transport system and to improve the overall performance of air traffic
management (ATM) and air navigation services (ANS) for general air traffic in
Europe, with a view to meeting the requirements of all airspace users. This Ö The Õ sSingle
European sSky
shall comprise a coherent pan-European network of routes, ð an integrated operating
airspace, ï network management and air traffic management systems based only on
safety, efficiency and technical considerations ð interoperability ï , for the benefit of all airspace users. In pursuit of this objective, this Regulation
establishes a harmonised regulatory framework for the creation of the single
European sky.

ê 1070/2009
Art. 1.2 (adapted)

2. The application of this Regulation and of the measures referred to in
Article 3 shall be without prejudice to
Member States' sovereignty over their airspace and to the requirements of the
Member States relating to public order, public security and defence matters, as
set out in Article 38 13. This Regulation and
the measures referred to in Article 3 do Ö does Õ not cover
military operations and training.

ê 1070/2009
Art. 1.3 (adapted)

3. The application of this Regulation and of the measures referred to in
Article 3 shall be without prejudice to the
rights and duties of Member States under the 1944 Chicago Convention on International
Civil Aviation (the Chicago Convention). In this context, an additional objective of this Regulation is, Ö seeks to
assist, Õ in the fields
it covers, to assist Member States in fulfilling their obligations under the Chicago
Convention, by providing a basis for a common interpretation and uniform
implementation of its provisions, and by ensuring that these provisions are
duly taken into account in this Regulation and in the rules drawn up for its
implementation.

ê 550/2004

CHAPTER I

GENERAL

Article 1

Scope and objective

1. Within the scope of the framework Regulation, this
Regulation concerns the provision of air navigation services in the single
European sky. The objective of this Regulation is to establish common
requirements for the safe and efficient provision of air navigation services in
the Community.

2. This Regulation shall apply to the provision of
air navigation services for general air traffic in accordance with and within
the scope of the framework Regulation.

ê 551/2004

CHAPTER I

GENERAL

Article 1

Objective and scope

1. Within the scope of the framework Regulation, this
Regulation concerns the organisation and the use of airspace in the Single
European Sky. The objective of this Regulation is to support the concept of a
progressively more integrated operating airspace within the context of the
common transport policy and to establish common procedures for design, planning
and management ensuring the efficient and safe performance of air traffic
management.

2. The use of airspace shall support the operation of
the air navigation services as a coherent and consistent whole in accordance
with Regulation (EC) No 550/2004 of the European Parliament and of the Council
of 10 March 2004 on the provision of air navigation services in the single
European sky (the service provision Regulation)[40].

ê 551/2004
(adapted)

ð new

43. Without prejudice to Article 10, tThis
Regulation shall apply to the airspace within the ICAO EUR and AFI ð and NAT ï regions where Member States are responsible for the provision of
air traffic services in accordance with the service provision Ö this Õ Regulation.
Member States may also apply this Regulation to airspace under their
responsibility within other ICAO regions, on condition that they inform the
Commission and the other Member States thereof.

ê 551/2004

4. The Flight Information Regions comprised within
the airspace to which this Regulation applies shall be published in the
Official Journal of the European Union.

ê 1070/2009
Art. 1.1

54.
The application of this Regulation to the airport of Gibraltar is understood to
be without prejudice to the respective legal positions of the Kingdom of Spain
and the United Kingdom of Great Britain and Northern Ireland with regard to the
dispute over sovereignty over the territory in which the airport is situated.

ê 552/2004

Article 1

Objective and scope

1. Within the scope of the framework Regulation, this
Regulation concerns the interoperability of the EATMN.

2. This Regulation shall apply to the systems, their
constituents and associated procedures identified in Annex I.

3. The objective of this Regulation is to achieve
interoperability between the different systems, constituents and associated
procedures of the EATMN, taking due account of the relevant international
rules. This Regulation aims also at ensuring the coordinated and rapid introduction
of new agreed and validated concepts of operations or technology in air traffic
management.

ê 549/2004
(adapted)

Article 2

Definitions

For the purpose of this Regulation and of the measures referred to in
Article 3, the following definitions shall
apply:

ê 549/2004

ð new

1.‘air traffic control (ATC)
service’ means a service provided for the purpose of:

(a) preventing collisions:

–
between aircraft, and

–
in the manoeuvring area between aircraft and
obstructions; and

(b) expediting and maintaining an
orderly flow of air traffic;

2.‘aerodrome control service’
means an ATC service for aerodrome traffic;

3.‘aeronautical information
service’ means a service established within the defined area of coverage
responsible for the provision of aeronautical information and data necessary
for the safety, regularity, and efficiency of air navigation;

4.‘air navigation services’
means air traffic services; communication, navigation and surveillance
services; meteorological services for air navigation; and aeronautical
information services;

5.‘air navigation service
providers’ means any public or private entity providing air navigation services
for general air traffic;

6.‘airspace block’ means an
airspace of defined dimensions, in space and time, within which air navigation
services are provided;

7.‘airspace management’ means a
planning function
ð service ï with the primary objective of maximising the utilisation of
available airspace by dynamic time-sharing and, at times, the segregation of
airspace among various categories of airspace users on the basis of short-term
needs;

ê 1070/2009
Art. 1.2(a)

8.‘airspace users’ means
operators of aircraft operated as general air traffic;

ê 549/2004

ð new

9.‘air traffic flow management’
means a function
ð service ï established with the objective of contributing to a safe, orderly
and expeditious flow of air traffic by ensuring that ATC capacity is utilised
to the maximum extent possible, and that the traffic volume is compatible with
the capacities declared by the appropriate air traffic service providers;

ê 1070/2009
Art. 1.2(b)

ð new

10.‘air traffic management
(ATM)’ means the aggregation of the airborne and ground-based functions ð services ï (air traffic services, airspace management and air traffic flow
management) required to ensure the safe and efficient movement of aircraft during
all phases of operations;

ê 549/2004

11.‘air traffic services’ means
the various flight information services, alerting services, air traffic
advisory services and ATC services (area, approach and aerodrome control
services);

12.‘area control service’ means
an ATC service for controlled flights in a block of airspace;

13.‘approach control service’
means an ATC service for arriving or departing controlled flights;

ê 1070/2009
Art. 1.2(c)

1413a.‘ATM
Master Plan’ means the plan endorsed by Council Decision 2009/320/EC[41], in accordance with
Article 1(2) of Council Regulation (EC) No 219/2007 of
27 February 2007 on the establishment of a Joint Undertaking to develop
the new generation European air traffic management system (SESAR)[42];

ò new

15. ‘aviation
crisis’ means circumstances under which airspace capacity is abnormally reduced
as a result of major adverse weather circumstances or the unavailability of
large airspace parts either through natural or political reasons;

ê 549/2004

1614.‘bundle
of services’ means two or more air navigation services;

ê 1070/2009
Art. 1.2(d)

1715.‘certificate’
means a document issued by a national supervisory authority in any form
complying with national law, which confirms that an air navigation service
provider meets the requirements for providing a specific service;

ê 549/2004

1816.‘communication
services’ means aeronautical fixed and mobile services to enable
ground-to-ground, air-to-ground and air-to-air communications for ATC purposes;

17.‘European air traffic management network’ (EATMN)
means the collection of systems listed in Annex I to Regulation (EC) No
552/2004 of the European Parliament and of the Council of 10 March 2004 on
the interoperability of the European air traffic management network (the
interoperability Regulation)[43] enabling air
navigation services in the Community to be provided, including the interfaces
at boundaries with third countries;

18.‘concept of operation’ means the criteria for the
operational use of the EATMN or of part thereof;

19.‘constituents’ means tangible
objects such as hardware and intangible objects such as software upon which the
interoperability of the European
Air Traffic management Network (EATMN)
depends;

ò new

20. ‘declaration’
means for purposes of ATM/ANS, any written statement:

-             on the
conformity or suitability for use of systems and constituents issued by an
organisation engaged in the design, manufacture and maintenance of ATM/ANS
systems and constituents;

-             on the
compliance with applicable requirements of a service or a system to be put into
operation issued by a service provider";

- on the capability
and means of discharging the responsibilities associated with certain flight
information services

ê 549/2004
(adapted)

20.‘Eurocontrol’ is the European Organisation for the Safety of Air
Navigation set up by the International Convention of 13 December 1960
relating to Cooperation for the Safety of Air Navigation[44];

ê 1070/2009
Art. 1.2(f) (adapted)

2122.‘flexible
use of airspace’ means an airspace management concept applied in the European
Civil Aviation Conference area on the basis of the ‘Airspace management
handbook for the application of the concept of the flexible use of airspace’
issued by Ö the
European Organisation for the Safety of Air Navigation Õ (Eurocontrol) Ö [45] Õ ;

ê 549/2004

23.‘flight information region’ means an airspace of
defined dimensions within which flight information services and alerting
services are provided;

ê 1070/2009
Art. 1.2(g)

2223a.‘flight
information service’ means a service provided for the purpose of giving advice
and information useful for the safe and efficient conduct of flights;

2323b.‘alerting
service’ means a service provided to notify relevant organisations regarding
aircraft in need of search and rescue aid, and to assist such organisations as
required;

ê 549/2004

24.‘flight level’ means a surface of constant
atmospheric pressure which is related to the specific pressure datum of
1013,2 hectopascals and is separated from other such surfaces by specific
pressure intervals;

ê 1070/2009
Art. 1.2(h)

2425.‘functional
airspace block’ means an airspace block based on operational requirements and
established regardless of State boundaries, where the provision of air
navigation services and related functions are performance-driven and optimised
with a view to introducing, in each functional airspace block, enhanced
cooperation among air navigation service providers or, where appropriate, an
integrated provider;

ê 549/2004
(adapted)

2526.‘general
air traffic’ means all movements of civil aircraft, as well as all movements of
State aircraft (including military, customs and police aircraft) when these
movements are carried out in conformity with the procedures of .the Ö International
Civil Aviation Organisation (ICAO), as established by the 1944 Chicago
Convention on International Civil Aviation Õ ICAO;

27.‘ICAO’
means the International Civil Aviation Organisation, as established by the 1944
Chicago Convention on International Civil Aviation;

2628.‘interoperability’
means a set of functional, technical and operational properties required of the
systems and constituents of the EATMN and of the procedures for its operation,
in order to enable its safe, seamless and efficient operation. Interoperability
is achieved by making the systems and constituents compliant with the essential
requirements;

2729.‘meteorological
services’ means those facilities and services that provide aircraft with
meteorological forecasts, briefs and observations as well as any other meteorological
information and data provided by States for aeronautical use;

2830.‘navigation
services’ means those facilities and services that provide aircraft with
positioning and timing information;

2931.‘operational
data’ means information concerning all phases of flight that are required to
take operational decisions by air navigation service providers, airspace users,
airport operators and other actors involved;

32.‘procedure’, as used in the context of the
interoperability Regulation, means a standard method for either the technical
or the operational use of systems, in the context of agreed and validated
concepts of operation requiring uniform implementation throughout the EATMN;

3033.‘putting
into service’ means the first operational use after the initial installation or
an upgrade of a system;

3134.‘route
network’ means a network of specified routes for channelling the flow of
general air traffic as necessary for the provision of ATC services;

35.‘routing’ means the chosen itinerary to be followed
by an aircraft during its operation;

36.‘seamless operation’ means the operation of the
EATMN in such a manner that from the user's perspective it functions as if it
were a single entity;

ê 549/2004

3238.‘surveillance
services’ means those facilities and services used to determine the respective
positions of aircraft to allow safe separation;

3339.‘system’
means the aggregation of airborne and ground-based constituents, as well as
space-based equipment, that provides support for air navigation services for
all phases of flight;

3440.‘upgrade’
means any modification that changes the operational characteristics of a
system;

ê 1070/2009
Art. 1.2(j)

3541.‘cross-border
services’ means any situation where air navigation services are provided in one
Member State by a service provider certified in another Member State. ;

ò new

36. ‘national
supervisory authority’ means the national body or bodies entrusted by a Member
State with the tasks of supervision in accordance with this Regulation and the
national competent authorities entrusted with the tasks provided for in Article
8b of Regulation (EC) No 216/2008;

37. 'support
services’ means air navigation services other than air traffic services as well
as other services and activities, which are linked to, and support the
provision of air navigation services;

38. 'local
performance targets' means performance targets set by the Member States at
local level, namely functional airspace block, national, charging zone or
airport level.

ê 549/2004

Article 3

Fields for action by the Community

1. This Regulation establishes a harmonised
regulatory framework for the creation of the single European sky in conjunction
with:

(a) Regulation (EC) No 551/2004 of the European
Parliament and of the Council of 10 March 2004 on the organisation and use
of the airspace in the Single European Sky (the airspace Regulation)[46];

(b) Regulation (EC) No 550/2004 of the European
Parliament and of the Council of 10 March 2004 on the provision of air
navigation services in the Single European Sky (the service provision
Regulation)[47]; and

(c) Regulation (EC) No 552/2004 of the European
Parliament and of the Council of 10 March 2004 on the interoperability of
the European Air Traffic Management network (the interoperability Regulation)[48];

and with the implementing rules adopted by the
Commission on the basis of this Regulation and the regulations referred to
above.

2. The measures referred to in paragraph 1 shall
apply subject to the provisions of this Regulation.

ê 1070/2009
Art. 1.3 (adapted)

ð new

CHAPTER II

Ö national
authorities Õ

Article 34

National supervisory authorities

1. Member States shall, jointly or
individually, either nominate or establish a body or bodies as their national
supervisory authority in order to assume the tasks assigned to such authority
under this Regulation and under
the measures referred to in Article 3.

2. The national supervisory authorities
shall be ð legally distinct and ï independent of ð in particular in organisational,
hierarchical and decision-making terms, from any ï air navigation service providers ð or any private or public entity
having an interest in the activities of such providers ï. This
independence shall be achieved through adequate separation, at the functional
level at least, between the national supervisory authorities and such
providers.

ò new

3. Without
prejudice to paragraph 2, the national supervisory authorities may be joined in
organisational terms with other regulatory bodies and/or safety authorities.

4. The national
supervisory authorities that are not legally distinct from any air navigation
service providers or any private or public entity having an interest in the
activities of such providers, as provided for in paragraph 2, on the date of
entry into force of this Regulation shall meet this requirement by 1 January
2020 at the latest.

ê 1070/2009
Art. 1.3 (adapted)

ð new

35. Ö The Õ Nnational
supervisory authorities shall exercise their powers impartially, independently
and transparently. This
shall be achieved by applying appropriate management and control mechanisms
ð In particular, they shall be organised,
staffed, managed and financed so as to allow them to exercise their powers in
that manner. ï ,
including within the administration of a Member State. However, this shall not
prevent the national supervisory authorities from exercising their tasks within
the rules of organisation of national civil aviation authorities or any other
public bodies

ò new

6. Staff of the
national supervisory authorities shall:

(a) be recruited
under clear and transparent rules which guarantee their independence and as
regards persons in charge of strategic decisions, be appointed by the national
cabinet or council of ministers or another public authority which does not
directly control, or benefit from the air navigation service providers;

(b) be selected
in a transparent procedure on the basis of their specific qualifications,
including appropriate competence and relevant experience inter alia in the
field of auditing, air navigation services and systems;

(c) act
independently in particular from any interest related to air navigation service
providers and shall not seek or take instructions from any government or other
public or private entity when carrying out the functions of the national
supervisory authority;

(d) as regards
persons in charge of strategic decisions, make an annual declaration of
commitment and declaration of interests indicating any direct or indirect
interests that may be considered prejudicial to their independence and which
may influence the performance of their functions; and

(e) as regards
persons in charge of strategic decisions, audits or other functions directly
linked to oversight or performance targets of air navigation service providers,
have no professional position or responsibility with any of the air navigation
service providers after their term in the national supervisory authority, for a
period of at least one year.

ê 1070/2009
Art. 1.3

ð new

74.
Member States shall ensure that national supervisory authorities have the
necessary resources and capabilities to carry out the tasks assigned to them
under this Regulation in an efficient and timely manner. ð The national supervisory authorities
shall have full authority over the recruitment and management of their staff
based on their own appropriations stemming from inter alia route charges to be
set in proportion to the tasks to be fulfilled by the authority in accordance
with Article 4. ï

85.
Member States shall notify the Commission of the names and addresses of the
national supervisory authorities, as well as changes thereto, and of the
measures taken to ensure compliance with ð this Articleï paragraphs
2,3 and 4.

ò new

9. The Commission
shall establish detailed rules laying down the modalities of the recruitment
and selection procedures for the application of paragraphs 6(a) and (b). Those
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 27(3).

ê 1070/2009
Art. 2.1 (adapted)

Article 42

Tasks of the national supervisory
authorities

1. The national supervisory authorities
referred to in Article 3 4 of the framework Regulation
shall Ö be
entrusted in particular with the following tasks: Õ

(a) ensure Ö ensuring Õ the appropriate
supervision of the application of this Regulation, in particular with regard to
the safe and efficient operation of air navigation service providers which
provide services relating to the airspace falling under the responsibility of
the Member State which nominated or established the relevant authority.;

ò new

(b) granting of
certificates to air navigation services providers in accordance with Article 8b
of Regulation (EC) No 216/2008 and overseeing the application of the conditions
under which they have been granted;

(c) issuing
licenses, ratings, endorsements and certificates for air traffic controllers in
accordance with Article 8c of Regulation (EC) No 216/2008 and overseeing the
application of the conditions under which they have been issued;

(d) drawing up
performance plans and monitoring their implementation in accordance with
Article 11;

(e) monitoring
the implementation of the charging scheme in accordance with Articles 12 and 13;

(f) approving the
conditions of access to operational data in accordance with Article 22; and

(g) supervising declarations
and the putting into service of systems.

ê 1070/2009
Art. 2.1 (adapted)

ð new

2. To this end, eEach
national supervisory authority shall organise proper inspections and surveys to
verify compliance with the requirements of this Regulation including human
resources requirements for the provision of air navigation services.
The air navigation service provider concerned shall facilitate such work.

ò new

Article 5

Co-operation between national supervisory authorities

1. The national
supervisory authorities shall exchange information about their work and
decision‑making principles, practices and procedures as well as
implementation of Union law. They shall cooperate for the purpose of
coordinating their decision-making across the Union. The national supervisory
authorities shall participate and work together in a network that convenes at
regular intervals. The Commission and the European Union Agency for Aviation (
hereafter "EAA") shall be members, coordinate and support the work of
the network and make recommendations to the network, as appropriate. The
Commission and EAA shall facilitate active cooperation of the national
supervisory authorities and exchanges and use of staff between the national
supervisory authorities based on a pool of experts to be set up by EAA in
accordance with Article 17(2)(f) of Regulation (EC) No 216/2008.

Subject to the
rules on data protection provided for in Article 22 of this Regulation and in Regulation
(EC) No 45/2001, the Commission shall support the exchange of the information referred
to in the first and second subparagraph of this paragraph among the members of
the network, possibly through electronic tools, respecting the confidentiality
of business secrets of air navigation service providers.

2. The national
supervisory authorities shall cooperate closely, including through working
arrangements, for the purposes of mutual assistance in their monitoring tasks
and handling of investigations and surveys.

ê 1070/2009
Art. 2.1

ð new

3. In respect of functional airspace blocks
that extend across the airspace falling under the responsibility of more than
one Member State, the Member States concerned shall conclude an agreement on
the supervision provided for in this Article with regard to the air navigation
service providers providing services relating to those blocks. ð The national supervisory authorities
concerned shall establish a plan specifying the modalities of their
co-operation with a view to giving effect to that agreement. ï

ê 1070/2009
Art. 2.1 (adapted)

4. National supervisory authorities shall
cooperate closely to ensure adequate supervision of air navigation service
providers holding a valid certificate from one Member State that also provide
services relating to the airspace falling under the responsibility of another
Member State. Such cooperation shall include arrangements for the handling of
cases involving non-compliance with Ö this
Regulation and with Õ the applicable
common requirements set out Ö adopted Õ in Ö accordance
with Õ Article Ö 8b(1) of
Regulation (EC) No 216/2008 Õ 6 or with the conditions set out in
Annex II.

ê 1070/2009
Art. 2.1 (adapted)

ð new

5. In the case of cross-border
provision of air navigation services ð in an airspace falling under the
responsibility of another Member State ï , such Ö the Õ arrangements ð referred to in paragraphs 2 and
4 ï shall include an agreement on the mutual recognition of the
supervisory tasks set out in Article 4(1) and (2) and of the results
of these tasks. This mutual recognition shall apply also where arrangements for
recognition between national supervisory authorities are made for the
certification process of service providers.

6. If permitted by national law and with a
view to regional cooperation, national supervisory authorities may also
conclude agreements regarding the division of responsibilities regarding
supervisory tasks.

ê 1070/2009
Art. 2.1 (adapted)

Article 63

Qualified entities

1. National supervisory authorities may
decide to delegate in full or in part the inspections and surveys referred to
in Article 4 2(2) to qualified entities that fulfil the requirements set out in
Annex I.

2. Such a delegation granted by a national
supervisory authority shall be valid within the Community Ö Union Õ for a
renewable period of three years. National supervisory authorities may instruct
any of the qualified entities located in the Ö Union Õ Community to
undertake these inspections and surveys.

ê 552/2004
(adapted)

ð new

Article 8

Notified
bodies

1.3
Member States shall notify the Commission, ð EAA ï and the other Member States of the bodies Ö qualified
entities to which they have delegated tasks in accordance with paragraph
1 Õ they have appointed , to carry out tasks
pertaining to the assessment of conformity or suitability for use referred to
in Article 5, and/or the verification referred to in Article 6, indicating each Ö entity Õ body's area of
responsibility and its identification number Ö and of
any changes in this respect Õ obtained from the Commission. The Commission shall publish in the Official Journal of the
European Union the list of Ö qualified
entities Õ bodies, their
identification numbers and areas of responsibility, and shall keep the list
updated.

2. Member States
shall apply the criteria provided for in Annex V for the assessment of the
bodies to be notified. Bodies meeting the assessment criteria provided for in
the relevant European standards shall be deemed to meet the said criteria.

34.
Member States shall withdraw Ö the
delegation Õ notification of
a notified body Ö qualified
entity Õ which no
longer meets the Ö requirements
set out Õ criteria provided for in Annex I V.
It shall forthwith inform the Commission, ð EAA ï and the other Member States thereof.

4. Without prejudice
to the requirements referred to in paragraphs 1, 2 and 3, Member States
may decide to appoint organisations recognised in conformity with
Article 3 of the service provision Regulation as notified bodies.

ò new

5. Bodies
nominated before the entry into force of this Regulation as notified bodies in
accordance with Article 8 of Regulation (EC) No 552/2004, shall be considered
to be qualified entities for the purposes of this Article.

ê 1070/2009
Art. 1.5

ð new

Article 710

Consultation of stakeholders

1. The Member States ð National supervisory
authorities ï , acting in accordance with their national legislation, shall
establish consultation mechanisms for appropriate involvement of stakeholders,
including professional staff representative bodies ð for the exercise of their
tasks ï , in the implementation of the sSingle
European sSky.

ò new

2. The
stakeholders may include:

–
air navigation service
providers,

–
airport operators,

–
relevant airspace
users or relevant groups representing airspace users,

–
military authorities,

–
manufacturing
industry,

–
professional staff
representative bodies.

ê 550/2004
(adapted)

CHAPTER III

RULES FOR THE Ö SERVICE Õ PROVISION OF SERVICES

ê 550/2004
(adapted)

ð new

Article 6

Common requirements

Common requirements for the provision of air
navigation services shall be established in accordance with the procedure
referred to in Article 5(3) of the framework Regulation. The common
requirements shall include the following:

–
technical and operational competence and suitability,

–
systems and processes for safety and quality
management,

–
reporting systems,

–
quality of services,

–
financial strength,

–
liability and insurance cover,

–
ownership and organisational structure, including the
prevention of conflicts of interest,

–
human resources, including adequate staffing plans,

–
security.

Article 87

Certification of air navigation
service providers

1. The provision of all air navigation
services within the Community Ö Union Õ shall be
subject to certification by ð or declaration to, ï Member
States ð national supervisory
authorities or EAA in accordance with Article 8b of Regulation (EC) No
216/2008 ï .

ê 550/2004

2. Applications for certification shall be submitted
to the national supervisory authority of the Member State where the applicant
has its principal place of operation and, if any, its registered office.

ò new

2. The
certification process shall also ensure that the applicants can demonstrate
sufficient financial strength and have obtained liability and insurance cover,
where this is not guaranteed by the Member State concerned.

ê 550/2004
(adapted)

ð new

3. National supervisory authorities shall issue
certificates to air navigation service providers where they comply with the
common requirements referred to in Article 6. Certificates may be issued
individually for each type of air navigation service as defined in Article 2
of the framework Regulation, or for a bundle of such services, inter alia,
where a provider of air traffic services, whatever its legal status, operates
and maintains its own communication, navigation and surveillance systems. The
certificates shall be checked on a regular basis.

43. ð The certificate shall provide for ï Certificates
shall specify the rights and obligations of air navigation service providers,
including non-discriminatory access to services for airspace
users, with particular regard to safety. Certification may Ö shall Õ be subject only to the
conditions set out in Annex II. Such conditions shall be objectively justified,
non-discriminatory, proportionate and transparent.

5. Notwithstanding paragraph 1, Member States
may allow the provision of air navigation services in all or part of the
airspace under their responsibility without certification in cases where the
provider of such services offers them primarily to aircraft movements other than
general air traffic. In those cases, the Member State concerned shall inform
the Commission and the other Member States of its decision and of the measures
taken to ensure maximum compliance with the common requirements.

ê 1070/2009
Art. 2.3 (adapted)

ð new

46. Without prejudice to Articles 8
and 9 tThe
issue of certificates shall confer on air navigation service providers the
possibility of offering their services to Member States, other air navigation
service providers, airspace users and airports within the Community Ö Union Õ . ð With regard to support services this
possibility shall be subject to the compliance with Article 10(2). ï

7. National supervisory authorities shall monitor
compliance with the common requirements and with the conditions attached to the
certificates. Details of such monitoring shall be included in the annual
reports to be submitted by Member States pursuant to Article 12(1) of the
framework Regulation. If a national supervisory authority finds that the holder
of a certificate no longer satisfies such requirements or conditions, it shall
take appropriate measures while ensuring continuity of services on condition
that safety is not compromised. Such measures may include the revocation of the
certificate.

ê 550/2004

8. A Member State shall recognise any certificate
issued in another Member State in accordance with this Article.

9. In exceptional circumstances, Member States may
postpone compliance with this Article beyond the date resulting from
Article 19(2) by six months. Member States shall notify the Commission of
such postponement, giving their reasons therefor.

ê 1070/2009
Art. 2.4 (adapted)

ð new

Article 98

Designation of air traffic service
providers

1. Member States shall ensure the provision
of air traffic services on an exclusive basis within specific airspace blocks
in respect of the airspace under their responsibility. For this purpose, Member
States shall designate an air traffic service provider holding a valid
certificate ð or declaration ï in the Community Ö Union Õ .

2. For the provision of cross-border
services, Member States shall ensure that compliance with this Article and
Article 18 10(3) is not prevented by their national legal system requiring that
air traffic service providers providing services in the airspace under the
responsibility of that Member State ð fulfil one of the following
conditions ï :

(a) be owned directly or through
a majority holding by that Member State or its nationals;

(b) have their principal place
of operation or registered office in the territory of that Member State or

(c) use only facilities in that
Member State.

3. Member States shall define the rights
and obligations to be met by the designated air traffic service providers. The
obligations may include conditions for the timely supply of relevant
information enabling all aircraft movements in the airspace under their
responsibility to be identified.

ê 1070/2009
Art. 2.4

ð new

4. Member States shall have discretionary
powers in choosing an air traffic service provider, on condition that the
latter fulfils the
requirements and conditions referred to in Articles 6 and 7
ð is certified or declared in
accordance with Regulation (EC) No 216/2008 ï .

ê 1070/2009
Art. 2.4

5. In respect of functional airspace blocks
established in accordance with Article 16 9a
that extend across the airspace under the responsibility of more than one
Member State, the Member States concerned shall jointly designate, in
accordance with paragraph 1 of this Article, one or more air traffic
service providers, at least one month before implementation of the airspace
block.

6. Member States shall inform the
Commission and other Member States immediately of any decision within the
framework of this Article regarding the designation of air traffic service
providers within specific airspace blocks in respect of the airspace under
their responsibility.

ò new

Article
10

Provision
of support services

1. Member States
shall take all necessary measures to ensure that, in accordance with this
Article, providers of support services can compete within the Union on the
basis of equitable, non-discriminatory and transparent conditions for the
purpose of providing these services.

The requirement
set out in this Article shall be met at the latest by 1 January 2020.

2. Member States
shall take all necessary measures to ensure that the provision of air traffic
services is separated from the provision of support services. This separation
shall include the requirement that air traffic services and support services
are provided by separate undertakings.

3. In choosing
the provider of support services, in particular cost efficiency, overall
service quality and safety of services shall be taken into account by the entity
procuring those services.

4. A provider of
support services may only be chosen to provide services in the airspace of a
Member State, when:

(a) it
is certified in accordance with Article 8b of Regulation (EC) No 216/2008;

(b)
its principal place of business is located in the territory of a Member State;

(c)
Member States and/or nationals of Member States own more than 50 % of the
service provider and effectively control it, whether directly or indirectly
through one or more intermediate undertakings, except as provided for in an agreement
with a third country to which the Union is a party; and

(d)
the service provider fulfils national security and defence requirements.

5. Support
services related to the operations of the EATMN may be provided in a
centralised manner by the Network Manager by adding those services to the
services referred to in Article 17(2), in accordance with Article 17(3). They
may also be provided on an exclusive basis by an air navigation service
provider or groupings thereof, in particular those related to the provision of
the ATM infrastructures. The Commission shall specify the modalities for the
selection of providers or groupings thereof, based on the professional capacity
and ability to provide services in an impartial and cost-effective manner, and
establish an overall assessment of the estimated costs and benefits of the
provision of the support services in a centralised manner. Those implementing
acts shall be adopted in accordance with the examination procedure referred to
in Article 27(3). The Commission shall designate providers or groupings thereof
in accordance with those implementing acts.

ê 550/2004

Article 9

Designation of providers of meteorological services

1. Member States may designate a provider of
meteorological services to supply all or part of meteorological data on an
exclusive basis in all or part of the airspace under their responsibility,
taking into account safety considerations.

2. Member States shall inform the Commission and
other Member States without delay of any decision within the framework of this
Article regarding the designation of a provider of meteorological services.

ê 1070/2009
Art. 1.5 (adapted)

ð new

Article 11

Performance scheme

1. To improve the performance of air
navigation services and network ð services ï functions
in the sSingle
European sSky, a
performance scheme for air navigation services and network ð services ï functions
shall be set up. It shall include:

(a) Community Ö Union Õ -wide ð and associated local ï performance targets on the key performance areas of safety, the
environment, capacity and cost-efficiency;

(b) national plans or plans for
functional airspace blocks, including performance targets, ensuring ð compliance ï consistency
with the Community Ö Union Õ -wide ð and associated local ï performance targets; and

(c) periodic review, monitoring
and benchmarking of the performance of air navigation services and network ð services ï functions.

2. In accordance with the regulatory procedure referred to in Article
5(3), tThe Commission ð shall ï may
designate Eurocontrol
or another ð an independent, ï impartial and competent body to act as a ‘performance review body’.
The role of the performance review body shall be to assist the Commission, in
coordination with the national supervisory authorities, and to assist the
national supervisory authorities on request in the implementation of the
performance scheme referred to in paragraph 1. ð Technical assistance to the
performance review body may be provided by EAA and Eurocontrol or another
competent entity ï . The
Commission shall ensure that the performance review body acts independently
when carrying out the tasks entrusted to it by the Commission.

3.           (a) The Community -wide performance targets for the
air traffic management network shall be adopted by the Commission in accordance
with the regulatory procedure referred to in Article after taking into
account the relevant inputs from national supervisory authorities at national
level or at the level of functional airspace blocks.

(b)          The national or functional airspace block plans referred
to in point (b)
of paragraph 1(b),
shall be drawn up by national supervisory authorities and adopted by the Member
State(s). These plans shall include binding national ð local ï targets or
targets at the level of functional airspace blocks and an
appropriate incentive scheme as adopted by the Member State(s). Drafting of the
plans shall be subject to consultation with air navigation service providers,
airspace users' representatives, and, where relevant, airport operators and
airport coordinators.

4.(c)       The
ð compliance ï consistency
of the national or functional airspace block ð plans and local ï targets with the Community Ö Union Õ -wide and performance
targets shall be assessed by the Commission ð in co-operation with the performance
review body ï using
the assessment criteria referred to in point (d) of paragraph 6.

In the event that the Commission
identifies that ð the national or functional airspace
block plans or the local ï one or
more national or functional airspace block targets do not ð comply with ï meet
the ð Union-wide targets ï assessment
criteria, it may ð require ï decide,
in accordance with the advisory procedure referred to in Article 5(2),
ð the Member States concerned to take the
necessary corrective measures. Those implementing acts shall be adopted in
accordance with the advisory procedure referred to in Article 27(2). ï to
issue a recommendation that the national supervisory authorities concerned
propose revised performance target(s). The Member State(s) concerned shall
adopt revised performance targets and appropriate measures which shall be
notified to the Commission in due time.

Where the Commission finds that the revised
performance targets and appropriate measures are not adequate, it may decide,
in accordance with the regulatory procedure referred to in Article 5(3),
that the Member States concerned shall take corrective measures.

Alternatively, the Commission may decide, with
adequate supporting evidence, to revise the Community -wide performance targets
in accordance with the regulatory procedure referred to in Article 5(3).

5. (d)      The
reference period for the performance scheme, referred to in paragraph 1, shall
cover a minimum of three years and a maximum of five years. During this period,
in the event that the ð local ï national
or functional airspace block targets are not met, the Member
States ð concerned ï and/or
the national supervisory authorities shall ð define and ï apply the
appropriate measures ð designed to rectify the
situation ï they
have defined. ð Where the Commission finds that
these measures are not sufficient to rectify the situation, it may decide, that
the Member States concerned shall take necessary corrective measures or
sanctions. Those implementing acts shall be adopted in accordance with the
advisory procedure referred to in Article 27 (2). ï The
first reference period shall cover the first three years following the adoption
of the implementing rules referred to in paragraph 6.

6. (e)      The
Commission shall carry out regular assessments of the achievement of the ð Union-wide and associated
local ï performance targets and present the results to the Single Sky Committee.

74.         The
following procedures shall apply
to the performance scheme referred to in paragraph 1
Ö shall be
based on Õ :

(a) collection, validation, examination,
evaluation and dissemination of relevant data related to the performance of air
navigation services and network ð services ï functions
from all relevant parties, including air navigation service providers, airspace
users, airport operators, national supervisory authorities, Member States and
Eurocontrol;

(b) selection of appropriate key performance
areas on the basis of ICAO Document No 9854 ‘Global air traffic management
operational concept’, and consistent with those identified in the Performance
Framework of the ATM Master Plan, including safety, the environment, capacity
and cost-efficiency areas, adapted where necessary in order to take into
account the specific needs of the Ssingle European Ssky and relevant objectives for these areas and definition of a
limited set of key performance indicators for measuring performance;

(c) establishment ð and revision ï of Community Ö Union Õ-wide ð and associated local ï performance targets that shall be defined taking into consideration
inputs identified at national level or at the level of functional airspace
blocks;

ê 1070/2009
Art. 1.5 (adapted)

ð new

6. For the detailed functioning of the performance
scheme, the Commission shall by 4 December 2011 and within a suitable
time-frame with a view to meeting the relevant deadlines laid down in this
Regulation, adopt implementing rules in accordance with the regulatory
procedure referred to in Article 5(3). These implementing rules shall cover the
following:

(d).(c)
criteria for the setting up by the national supervisory authorities of the
national or functional airspace block performance plans, containing the ð local ï national
or functional airspace block performance targets and the
incentive scheme. The performance plans shall:

(i) be based on the business plans
of the air navigation service providers;

(ii) address all cost components of
the national or functional airspace block cost base;

(iii) include binding ð local ï performance targets ð compliant ï consistent with the Community Ö Union Õ ð -wide ï performance targets;

ê 1070/2009
Art. 1.5 (adapted)

ð new

(ed) assessment of the ð local ï national
or functional airspace block performance targets on the basis of
the national or functional airspace block plan; and

(fe) monitoring of the national or functional airspace block
performance plans, including appropriate alert mechanisms.;

ê 1070/2009
Art. 1.5 (adapted)

ð new

(g)(d)
criteria ð to impose sanctions for
non-compliance ï assess
whether the national or functional airspace block targets are consistent
with the Community Ö Union Õ -wide ð and associated local ï performance targets during the reference period and to support
alert mechanisms;

(h)(e) general principles for the setting up by Member States of the
incentive scheme;

(i)(f) principles for the application of a transitional mechanism
necessary for the adaptation to the functioning of the performance scheme not
exceeding 12 months following the adoption of the ð delegated act referred to in this
paragraph ï implementing
rules.;

(j)(b) the ð appropriate ï reference periods and intervals for the assessment of the
achievement of performance targets and the setting of new targets;

(k)(a) the
content and
ð necessary related ï timetables of the
procedures referred to in paragraph 4;

ê 1070/2009
Art. 1.5

ð new

The Commission may ð shall be empowered to adopt
delegated acts in accordance with Article 26 in order to lay down detailed
rules for the proper functioning of the performance scheme ï add to
the list of procedures referred to ð in accordance with the points
listed ï in this paragraph. These measures designed to amend non-essential
elements of this Regulation, by supplementing it, shall be adopted in
accordance with the regulatory procedure with scrutiny referred to in Article
5(4).

85.
The establishment of the performance scheme shall take into account that en
route services, terminal services and network ð services ï functions
are different and should be treated accordingly, if necessary also for
performance-measuring purposes.

ê 550/2004
(adapted)

CHAPTER III

CHARGING SCHEMES

ê 1070/2009
Art. 2.8 (adapted)

Article 1214

General Ö provisions
for the charging scheme Õ

In accordance with the requirements of
Articles 13 15 and 1416, the
charging scheme for air navigation services shall contribute to greater
transparency in the determination, imposition and enforcement of charges to
airspace users and shall contribute to the cost efficiency of providing air
navigation services and to efficiency of flights, while maintaining an optimum
safety level. This Ö The Õ scheme shall
also be consistent with Article 15 of the 1944 Chicago Convention on
International Civil Aviation and with Eurocontrol's charging system for
en-route charges.

ê 1070/2009
Art. 2.9 (adapted)

ð new

Article 1315

Principles Ö for
the charging scheme Õ

1. The charging scheme shall be based on
the account of costs for air navigation services incurred by service providers
for the benefit of airspace users. The scheme shall allocate these costs among
categories of users.

2. The following principles Ö set out
in paragraphs 3 to 8 Õ shall be
applied when establishing the cost-base for charges:.

3(a) tThe cost
to be shared among airspace users shall be the determined cost of providing air
navigation services, including appropriate amounts for interest on capital
investment and depreciation of assets, as well as the costs of maintenance,
operation, management and administration, ð including the costs incurred by EAA for
relevant authority tasks ï . Determined costs shall be the costs determined by the Member
State at national level or at the level of functional airspace blocks either at
the beginning of the reference period for each calendar year of the reference
period referred to in Article 11(5) 11 of the
framework Regulation, or during the reference
period, following appropriate adjustments applying the alert mechanisms set out
in Article 11 11 of the framework
Regulation:.

4(b) tThe
costs to be taken into account in this context shall be those assessed in
relation to the facilities and services provided for and implemented under the
ICAO Regional Air Navigation Plan, European Region. They ð shall ï may
also include costs incurred by national supervisory authorities and/or
qualified entities, as well as other costs incurred by the relevant Member
State and service provider in relation to the provision of air navigation
services. They shall not include the costs of penalties imposed by Member
States Ö referred Õ according to
Article 339 of the framework Regulation nor the costs of any corrective measures ð or sanctions ï imposed
by Member States Ö referred
to in Õ according to
Article 1111 Ö (5) Õ of the framework Regulation;.

5(c) iIn
respect of the functional airspace blocks and as part of their respective
framework agreements, Member States shall make reasonable efforts to agree on
common principles for charging policy;.

6(d) tThe
cost of different air navigation services shall be identified separately, as
provided for in Article 2112(3) ;.

7(e) cCross-subsidy
shall not be allowed between en-route services and terminal services. Costs
that pertain to both terminal services and en-route services shall be allocated
in a proportional way between en-route services and terminal services on the
basis of a transparent methodology. Cross-subsidy shall be allowed between
different air ð traffic ï navigation
services in either one of those two categories only when justified for
objective reasons, subject to clear identification. ð Cross-subsidy shall not be allowed
between air traffic services and support services. ï

8(f) tTransparency
of the cost-base for charges shall be guaranteed. Implementing rules for the
provision of information by the service providers shall be adopted in order to
permit reviews of the provider's forecasts, actual costs and revenues.
Information shall be regularly exchanged between the national supervisory
authorities, service providers, airspace users, the Commission and Eurocontrol.

93.
Member States shall comply with the following principles when setting charges
in accordance with paragraphs Ö 3 to 8 Õ 2:

(a) charges shall be set for the
availability of air navigation services under non-discriminatory conditions. Wwhen
imposing charges on different airspace users for the use of the same service,
no distinction shall be made in relation to the nationality or category of the
user;

(b) exemption of certain users,
especially light aircraft and State aircraft, may be permitted, provided that
the cost of such exemption is not passed on to other users;

(c) charges shall be set per
calendar year on the basis of the determined costs, or may be set under conditions established by
Member States for determining the maximum level of the unit rate or of the
revenue for each year over a period not exceeding five years;

(d) air navigation services may
produce sufficient revenues to provide for a reasonable return on assets to
contribute towards necessary capital improvements;

(e) charges shall reflect the
cost of air navigation services and facilities made available to airspace
users, ð including costs incurred by EAA for
relevant authority tasks, ï taking into account the relative productive capacities of the
different aircraft types concerned;

(f) charges shall encourage the
safe, efficient, effective and sustainable provision of air navigation services
with a view to achieving a high level of safety and cost-efficiency and meeting
the performance targets and they shall stimulate integrated service provision,
whilst reducing the environmental impact of aviation. To that end, Ö For the
purposes of point (f) Õ and in
relation to the national or functional airspace block performance plans,
national supervisory authorities may set up mechanisms, including incentives
consisting of financial advantages and disadvantages, to encourage air
navigation service providers and/or airspace users to support improvements in
the provision of air navigation services such as increased capacity, reduced
delays and sustainable development, while maintaining an optimum safety level.

104.
The Commission shall adopt ð measures setting out the details of
the procedure to be followed for the application of paragraphs 1 to 9. ï ð Those ï detailed implementing rules ð acts shall be adopted ï for this Article in accordance with the ð examination ï regulatory
procedure referred to in Article 27 5(3)
of the framework Regulation.

ê 1070/2009
Art. 2.11 (adapted)

ð new

Article 1416

Review of compliance Ö with
Articles 12 and 13 Õ

1. The Commission shall provide for the
ongoing review of compliance with the principles and rules referred to in
Articles 1214
and 1315,
acting in cooperation with the Member States. The Commission shall endeavour to
establish the necessary mechanisms for making use of Eurocontrol expertise and
shall share the results of the review with the Member States, Eurocontrol and
the airspace users' representatives.

2. At the request of one or more Member
States that
consider that the principles and rules referred to in Articles 14 and 15 have
not been properly applied, or on its own initiative, the
Commission shall carry
out an investigation into any allegation of non-compliance or non-application
of the principles and/or rules concerned ð examine specific measures adopted by
national authorities in relation to the application of Articles 12 and 13,
concerning the determination of costs and charges ï. Without prejudice to Article 3218(1),
the Commission shall share the results of the investigation with the Member
States, Eurocontrol and the airspace users’ representatives. Within two months
of receipt of a request, after having heard the Member State concerned, Ö the
Commission shall decide whether Articles 12 and 13 have been complied with and
the measure may thus continue to be applied. Those implementing acts shall be
adopted Õ and after consulting the
Single Sky Committee in accordance with the advisory procedure
referred to in Article 275(2)
of the framework Regulation, the
Commission shall take a decision on the application of Articles 14 and 15 of
this Regulation and as to whether the practice concerned may continue.

3. The Commission shall address its decision to the
Member States and inform the service provider thereof, in so far as it is
legally concerned. Any Member State may refer the Commission’s decision to the
Council within one month. The Council, acting by a qualified majority, may take
a different decision within a period of one month.

ê 1070/2009
Art. 2.10 (adapted)

ð new

Article 1515a

Common projects

1. Common projects may assist the successful
implementation of the ATM Master Plan Ö may be
supported by common projects Õ . Such Ö These Õ projects shall
support the objectives of this Regulation to improve the performance of the
European aviation system in key areas such as capacity, flight and cost
efficiency as well as environmental sustainability, within the overriding
safety objectives. ð The common projects shall aim to
deploy in a timely, coordinated and synchronised manner ATM functionalities to
achieve the essential operational changes identified in the ATM Master
Plan ï .

2. The Commission may ð adopt measures establishing the
governance of common projects and identifying incentives for their deployment.
Those implementing acts shall be adopted ï , in accordance with the regulatory ð examination ï procedure referred to in Article 275(3)
of the framework Regulation,. Ö These
measures Õ develop guidance
material concerning the way in which such projects can support the
implementation of the ATM Master Plan. Such guidance material
shall not prejudice mechanisms for the deployment of such Ö the Õ projects
concerning functional airspace blocks as agreed upon by the parties of those
blocks.

3. The Commission may ð adopt common projects for
network-related functions which are of particular importance for the
improvement of the overall performance of air traffic management and air
navigation services in Europe identifying ATM functionalities that are mature
for deployment, together with the timetable and geographical scope of the
deployment. Those implementing acts shall be adopted ï also
decide, in accordance with the ð examination ï regulatory
procedure referred to in Article 275(3) of the framework
Regulation, to set up common projects for network-related
functions which are of particular importance for the improvement of the overall
performance of air traffic management and air navigation services in Europe. Such Ö The Õ common
projects may be considered eligible for Community Ö Union Õ funding within
the multiannual financial framework. To this end, and without prejudice to
Member States' competence to decide on the use of their financial resources,
the Commission shall carry out an independent cost-benefit analysis and
appropriate consultations with Member States and with relevant stakeholders in
accordance with Article 2810 of the framework Regulation, exploring all appropriate means for financing the deployment
thereof. The eligible costs of deployment of common projects shall be recovered
in accordance with the principles of transparency and non-discrimination.

ê 1070/2009
Art. 2.5 (adapted)

ð new

Article 169a

Functional airspace blocks

1. By 4 December 2012, Member States
shall take all necessary measures in order to ensure the Ö establishment
and Õ implementation
of functional airspace blocks ð based on integrated provision of air
traffic services ï with a view to achieving the required capacity and efficiency of
the air traffic management network within the sSingle
European sSky
and maintaining a high level of safety and contributing to the overall
performance of the air transport system and reduced environmental impact.

ò new

2. The functional
airspace blocks shall, wherever possible, be set-up based on co-operative industrial
partnerships between air navigation service providers, in particular relating
to the provision of support services in accordance with Article 10. The
industrial partnerships may support one or more functional airspace block, or
part thereof to maximise performance.

ê 1070/2009
Art. 2.5 (adapted)

ð new

3. Member States ð , as well as air traffic service
providers ï shall cooperate to the fullest extent possible with each other, in particular Member
States establishing neighbouring functional airspace blocks, in
order to ensure compliance with this Ö Article Õ provision.
Where relevant, cooperation may also include ð air traffic service providers
from ï third countries taking part in functional airspace blocks.

24.
Functional airspace blocks shall, in particular:

(a) be supported by a safety
case;

ò new

(b)
be designed to seek maximum synergies from industrial partnerships in order to
meet and where possible exceed the performance targets set in accordance with Article
11;

ê 1070/2009
Art. 2.5 (adapted)

(bc) enable optimum use of airspace, taking into account air traffic
flows;

(cd)
ensure consistency with the European route network established in accordance
with Article 17 6 of the airspace
Regulation;

(de) be
justified by their overall added value, including optimal use of technical and
human resources, on the basis of cost-benefit analyses;

ê 1070/2009
Art. 2.5

ð new

(ef) ð where applicable, ï ensure a smooth and flexible transfer of responsibility for air
traffic control between air traffic service units;

(fg)
ensure compatibility between the different airspace configurations, optimising, inter alia,
the current flight information regions;

ê 1070/2009
Art. 2.5 (adapted)

(gh)
comply with conditions stemming from regional agreements concluded within the
ICAO;

(hi) respect regional agreements in existence on the date of entry into
force of this Regulation, in particular those involving European third
countries; and

ê 1070/2009
Art. 2.5

(i) facilitate consistency with Community-wide
performance targets.

ò new

The requirements
of paragraphs 4(c), (d) and (g) shall be met in accordance with the
optimisation of airspace design carried out by the Network Manager as specified
in Article 17.

5. The
requirements set out in this Article may be met through participation of air
navigation service providers in one or more functional airspace block.

ê 1070/2009
Art. 2.5 (adapted)

ð new

36. A functional
airspace block ð that extend across the airspace
under the responsibility of more than one Member State ï shall only
be established by ð joint designation ï mutual
agreement between all the Member States and Ö ,as well
as Õ , where
appropriate, third countries who Ö that Õ have responsibility
for any part of the airspace included in the functional airspace block ð The joint designation by which the
functional airspace block is established shall contain the necessary provisions
concerning the manner in which the block can be modified and the manner in
which a Member State or, where appropriate, a third country, can withdraw from
the block, including transitional arrangements ï.

ð 7. Member States shall notify the
establishment of functional airspace blocks to the Commission ï Before notifying the Commission of the establishment of a
functional airspace block, the Member State(s) concerned shall provide the
Commission, the other Member States and other interested parties with adequate
information and give them an opportunity to submit their observations.

4. Where a functional airspace block relates to
airspace that is wholly or partly under the responsibility of two or more
Member States, the agreement by which the functional airspace block is
established shall contain the necessary provisions concerning the way in which
the block can be modified and the way in which a Member State can withdraw from
the block, including transitional arrangements.

58.
Where difficulties arise between two or more Member States with regard to a
cross-border functional airspace block that concerns airspace under their
responsibility, the Member States concerned may jointly bring the matter to the
Single Sky Committee for an opinion. The opinion shall be addressed to the
Member States concerned. Without prejudice to paragraph 63,
the Member States shall take that opinion into account in order to find a
solution.

69.
After having received the notifications by Member States of the agreements and declarations referred to in paragraphs 63 and ð 7 ï 4
the Commission shall assess the fulfilment by each functional airspace block of
the requirements set out in paragraph 42 and present the results to the ð Member States ï Single
Sky Committee for discussion. If the Commission finds that one or
more functional airspace blocks do not fulfil the requirements it shall engage
in a dialogue with the Member States concerned with the aim of reaching a
consensus on the measures necessary to rectify the situation.

7. Without prejudice to paragraph 6, the agreements
and declarations referred to in paragraphs 3 and shall be notified to the
Commission. for publication in the Official Journal of the
European Union. Such publication shall specify the date of entry into force
of the relevant decision.

ê 1070/2009
Art. 2.5 (adapted)

ð new

810. ð The Commission may adopt detailed
measures concerning the joint designation of the air traffic service
provider(s) referred to in paragraph 6, specifying the modalities for the
selection of the service provider(s), the period of designation, supervision
arrangements, the availability of services to be provided and liability
arrangements. ï Guidance material for
the establishment and modification of functional airspace blocks shall be
developed by 4 December 2010 ð Those implementing acts shall be
adopted ï in accordance with the advisory ð examination ï procedure referred to in Article 275(32) of the framework Regulation.

911. l The
Commission ð may ï shall, by
4 December 2011 and Ö adopt measures
regarding the information to be provided by the Member State(s) referred to in
paragraph 6. ÕÖ Those
implementing acts shall be adopted Õ in accordance
with the examination regulatory
procedure referred to in Article 275(3) of the framework
Regulation, adopt implementing rules regarding the information to be provided by
the Member State(s) concerned before establishing and modifying a
functional airspace block in accordance with paragraph 3 of this Article.

ê 1070/2009
Art. 2.5

Article 9b

Functional airspace blocks system coordinator

1. In order to facilitate the establishment of the
functional airspace blocks, the Commission may designate a natural person as
functional airspace blocks system coordinator (the Coordinator). The Commission
shall act in accordance with the regulatory procedure referred to in
Article 5(3) of the framework Regulation.

2. Without prejudice to Article 9a(5) the
Coordinator shall facilitate at the request of all Member States concerned and,
where appropriate, third countries taking part in the same functional airspace
block, overcoming of difficulties in their negotiation process in order to
speed up the establishment of functional airspace blocks. The Coordinator shall
act on the basis of a mandate from all Member States concerned and, where
appropriate, third countries taking part in the same functional airspace block.

3. The Coordinator shall act impartially in
particular with regard to Member States, third countries, the Commission and
the stakeholders.

4. The Coordinator shall not disclose any information
obtained whilst performing his function except where authorised to do so by the
Member State(s) and, where appropriate, third countries concerned.

5. The Coordinator shall report to the Commission, to
the Single Sky Committee and to the European Parliament every three months
after his designation. The report shall include a summary of negotiations and
their results.

6. The remit of the Coordinator shall expire when the
last functional airspace block agreement is signed but no later than
4 December 2012.

ê 1070/2009
Art. 3.6

ð new

Article 176

Network management and design

1. The air traffic management (ATM) network
functions
ð services ï shall allow optimum use of airspace and ensure that airspace
users can operate preferred trajectories, while allowing maximum access to
airspace and air navigation services. These network functions ð services ï shall be aimed at supporting initiatives at national level and at
the level of functional airspace blocks and shall be executed in a manner which
respects the separation of regulatory and operational tasks.

2. In order to achieve the objectives
referred to in paragraph 1 and without prejudice to the responsibilities
of the Member States with regard to national routes and airspace structures,
the Commission shall ensure that the following functions ð services ï are carried out ð under the responsibility of a Network
Manager ï :

(a) design of the European route
network;

(b) coordination of scarce
resources within aviation frequency bands used by general air traffic, in
particular radio frequencies as well as coordination of radar transponder codes. ;

ò new

(c) central function
for air traffic flow management;

(d) provision of an
aeronautical information portal in accordance with Article 23;

(e) optimisation of
airspace design in co-operation with the air navigation service providers and
functional airspace blocks referred to in Article 16;

(f) central function
for coordination of aviation crisis.

ê 1070/2009
Art. 3.6

ð new

The functions ð services ï listed in the
first this subparagraph
shall not involve the adoption of binding measures of a general scope or the
exercise of political discretion. They shall take into account proposals
established at national level and at the level of functional airspace blocks.
They shall be performed in coordination with military authorities in accordance
with agreed procedures concerning the flexible use of airspace.

ê 1070/2009
Art. 3.6 (adapted)

ð new

The Commission may, after consultation of
the Single Sky Committee and in conformity with the implementing
rules referred to in paragraph 4, entrust to Ö appoint Õ Eurocontrol,
or another impartial and competent body, ð to carry out ï the tasks necessary for the execution of the functions listed in the first
subparagraph ð of the Network Manager ï . These tasks shall be executed in an impartial and cost-effective
manner and performed on behalf Ö of Õ on Member
States and stakeholders. They shall be subject to appropriate governance, which
recognises the separate accountabilities for service provision and regulation,
taking into consideration the needs of the whole ATM network and with the full
involvement of the airspace users and air navigation service providers. ð By 1 January 2020, the Commission
shall designate the Network Manager as a self-standing service provider where
possible set up as an industrial partnership. ï

ê 1070/2009
Art. 3.6

ð new

3. The Commission may ð shall be empowered to adopt
delegated acts in accordance with Article 26 to ï add to the list of the functions ð services set out ï in paragraph 2 ð in order to adapt it to technical
and operational progress with regard to the provision of support services in a
centralised manner ï after
proper consultation of industry stakeholders. Those measures, designed
to amend non-essential elements of this Regulation by supplementing it, shall
be adopted in accordance with the regulatory procedure with scrutiny referred
to in Article 29(1)5(4) of the framework Regulation.

4. ð The Commission shall adopt ï Ddetailed
rules for the
implementation of the measures referred to in this Article, except for those
referred to in paragraphs 6 to 9 8, shall be adopted in accordance
with the regulatory procedure referred to in Article 5(3) of the framework
Regulation. Those implementing rules shall address in particular ð concerning ï :

(a) the coordination and
harmonisation of processes and procedures to enhance the efficiency of
aeronautical frequency management including the development of principles and
criteria;

(b) the central function to
coordinate the early identification and resolution of frequency needs in the
bands allocated to European general air traffic to support the design and
operation of European aviation network;

(c) additional network functions ð services ï as defined in the ATM Master Plan;

(d) detailed arrangements for cooperative
decision-making between the Member States, the air navigation service providers
and the network management function for the tasks referred to in
paragraph 2;

ò new

(e) detailed
arrangements for the governance of the Network Manager involving all
operational stakeholders concerned;

ê 1070/2009
Art. 3.6

ð new

(fe)
arrangements for consultation of the relevant stakeholders in the
decision-making process both at national and European levels; and

(gf)
within the radio spectrum allocated to general air traffic by the International
Telecommunication Union, a division of tasks and responsibilities between the
network management function and national frequency managers, ensuring that the
national frequency management functions ð services ï continue to perform those frequency assignments that have no impact
on the network. For those cases which do have an impact on the network, the
national frequency managers shall cooperate with those responsible for the
network management function to optimise the use of frequencies.

ò new

Those implementing
acts shall be adopted in accordance with the examination procedure referred to
in Article 27(3).

ê 1070/2009
Art. 3.6 (adapted)

ð new

5. Aspects of airspace design other than
those referred to in paragraphs 2 ð and 4 (c) ï shall be dealt with at national level or at the level of functional
airspace blocks. This design process shall take into account traffic demands
and complexity, national or functional airspace block performance plans and
shall include full consultation of relevant airspace users or relevant groups
representing airspace users and military authorities as appropriate.

6. Member States shall entrust Eurocontrol or another impartial and
competent body with the performance of air traffic flow management, subject to
appropriate oversight arrangements.

7. Implementing rules for air traffic flow
management, including the necessary oversight arrangements, shall be developed
in accordance with the advisory procedure referred to in Article 5(2) of
the framework Regulation and adopted in accordance with the regulatory
procedure referred to in Article 5(3) of the framework Regulation, with a
view to optimising available capacity in the use of airspace and enhancing air
traffic flow management processes. These rules shall be based on transparency
and efficiency, ensuring that capacity is provided in a flexible and timely
manner, consistent with the recommendations of the ICAO Regional Air Navigation
Plan, European Region.

ê 1070/2009
Art. 3.6

8. The implementing rules for air traffic flow
management shall support operational decisions by air navigation service
providers, airport operators and airspace users and shall cover the following
areas:

(a) flight planning;

(b) use of available airspace capacity during all phases
of flight, including slot assignment; and

(c) use of routings by general air traffic, including:

–
the creation of a single publication for route and
traffic orientation,

–
options for diversion of general air traffic from
congested areas, and

–
priority rules regarding access to airspace for
general air traffic, particularly during periods of congestion and crisis.

9. When developing and adopting the implementing
rules the Commission shall, as appropriate and without prejudice to safety,
take into account consistency between flight plans and airport slots and the
necessary coordination with adjacent regions.

ê 550/2004
(adapted)

ð new

Article 1810

Relations between service providers

1. Air navigation service providers may
avail themselves of the services of other service providers that have been
certified ð or declared ï in the Community Ö Union Õ.

2. Air navigation service providers shall
formalise their working relationships by means of written agreements or
equivalent legal arrangements, setting out the specific duties and functions
assumed by each provider and allowing for the exchange of operational data
between all service providers in so far as general air traffic is concerned.
Those arrangements shall be notified to the national supervisory authority or authorities
concerned.

3. In cases involving the provision of air
traffic services, the approval of the Member States concerned shall be
required. In cases
involving the provision of meteorological services, the approval of the Member
States concerned shall be required if they have designated a provider on an
exclusive basis in accordance with Article 9(1).

ò new

Article 19

Relations with stakeholders

The air navigation
service providers shall establish consultation mechanisms to consult the
relevant groups of airspace users and aerodrome operators on all major issues
related to services provided, or relevant changes to airspace configurations.
The airspace users shall also be involved in the process of approving strategic
investment plans. The Commission shall adopt measures detailing the modalities
of the consultation and of the involvement of airspace users in approving
investment plans. Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 27 (3).

ê 1070/2009
Art. 2.6

Article 2011

Relations with military authorities

Member States shall, within the context of
the common transport policy, take the necessary steps to ensure that written
agreements between the competent civil and military authorities or equivalent
legal arrangements are established or renewed in respect of the management of
specific airspace blocks.

ê 550/2004
(adapted)

Article 2112

Transparency of accounts

1. Air navigation service providers,
whatever their system of ownership or legal form, shall draw up, submit to
audit and publish their financial accounts. These accounts shall comply with
the international accounting standards adopted by the Community Ö Union Õ. Where, owing
to the legal status of the service provider, full compliance with the
international accounting standards is not possible, the provider shall
endeavour to achieve such compliance to the maximum possible extent.

2. In all cases, air navigation service
providers shall publish an annual report and regularly undergo an independent
audit.

ê 1070/2009
Art. 2.7

3. When providing a bundle of services, air
navigation service providers shall identify and disclose the costs and income
deriving from air navigation services, broken down in accordance with the
charging scheme for air navigation services referred to in Article 1214
and, where appropriate, shall keep consolidated accounts for other,
non-air-navigation services, as they would be required to do if the services in
question were provided by separate undertakings.

ê 550/2004
(adapted)

ð new

4. Member States shall designate the
competent authorities that shall have a right of access to the accounts of
service providers that provide services within the airspace under their
responsibility.

5. Member States may apply the transitional
provisions of Article 9 of Regulation (EC) No 1606/2002 of the
European Parliament and of the Council of 19 July 2002 on the application
of international accounting standards[49]
to air navigation service providers that fall within the scope of that regulation.

Article 2213

Access to and protection of data

1. In so far as general air traffic is
concerned, relevant operational data shall be exchanged in real-time between
all air navigation service providers, airspace users and airports, to
facilitate their operational needs. The data shall be used only for operational
purposes.

2. Access to relevant operational data
shall be granted to appropriate authorities, certified ð or declared ï air navigation service providers, airspace users and airports on a
non-discriminatory basis.

3. Certified ð or declared ï service providers, airspace users and airports shall establish
standard conditions of access to their relevant operational data other than
those referred to in paragraph 1. National supervisory authorities shall
approve such standard conditions. ð The Commission may lay down ï Detailed
rules ð measures concerning the procedures
to be followed for data exchange and the type of data concerned in relation to
these conditions of access and their approval. ï relating
to such conditions shall be established, where appropriate, ð Those implementing acts shall be
adopted ï in accordance with the ð examination ï procedure referred to in Article 275(3)
of the framework Regulation.

ê 551/2004
(adapted)

CHAPTER II IV

AIRSPACE ARCHITECTURE

ê 1070/2009
Art. 3.2

Article 3

European Upper Flight Information Region (EUIR)

1. The Community and its Member States shall aim at
the establishment and recognition by the ICAO of a single EUIR. To that effect,
for matters which fall within the competence of the Community, the Commission
shall submit a recommendation to the Council in accordance with
Article 300 of the Treaty at the latest by 4 December 2011.

2. The EUIR shall be designed to encompass the
airspace falling under the responsibility of the Member States in accordance
with Article 1(3) and may also include airspace of European third
countries.

3. The establishment of the EUIR shall be without
prejudice to the responsibility of Member States for the designation of air
traffic service providers for the airspace under their responsibility in
accordance with Article 8(1) of the service provision Regulation.

4. Member States shall retain their responsibilities
towards the ICAO within the geographical limits of the upper flight information
regions and flight information regions entrusted to them by the ICAO on the
date of entry into force of this Regulation.

ê 1070/2009
Art. 3.3 (adapted)

ð new

Article 233a

Electronic aeronautical information

1. Without prejudice to the publication by
Member States of aeronautical information and in a manner consistent with that
publication, the Commission, working in cooperation with Eurocontrol
ð the Network Manager ï , shall ensure the availability of electronic aeronautical
information of high quality, presented in a harmonised way and serving the
requirements of all relevant users in terms of data quality and timeliness.

2. For the purpose of paragraph 1, the
Commission shall:

(a)
ensure the development of a Community Ö Union Õ-wide
aeronautical information infrastructure in the form of an electronic integrated
briefing portal with unrestricted access to interested stakeholders. That
infrastructure shall integrate access to and provision of required data
elements such as, but not limited to aeronautical information, air traffic
services reporting office (ARO) information, meteorological information and
flow management information;.

(b) support the modernisation and harmonisation of
the provision of aeronautical information in its broadest sense in close
cooperation with Eurocontrol and the ICAO.

3. The Commission shall adopt detailed implementing
rules ð measures ï for ð the establishment and implementation
of an electronic integrated briefing portal. Those implementing acts shall be
adopted ï this
Article in accordance with the ð examination ï regulatory
procedure referred to in Article 275(3) of
the framework Regulation.

ê 1070/2009
Art. 3.4

Article 4

Rules of the air and airspace classification

The Commission shall, in accordance with the
regulatory procedure referred to in Article 5(3) of the framework
Regulation, adopt implementing rules in order to:

(a) adopt appropriate provisions on rules of the air
based upon ICAO standards and recommended practices;

(b) harmonise the application of the ICAO airspace
classification, with appropriate adaptation, in order to ensure the seamless
provision of safe and efficient air traffic services within the single European
sky.

ê 551/2004
(adapted)

CHAPTER III

FLEXIBLE USE OF
AIRSPACE IN THE SINGLE EUROPEAN SKY

ê 551/2004
(adapted)

ð new

Article 7

Flexible use of airspace

1. Taking into account the organisation of military
aspects under their responsibility, Member States shall ensure the uniform
application within the single European sky of the concept of the flexible use
of airspace as described by the ICAO and as developed by Eurocontrol, in order
to facilitate airspace management and air traffic management in the context of
the common transport policy.

2. Member States shall report annually to the
Commission on the application, in the context of the common transport policy,
of the concept of the flexible use of airspace in respect of the airspace under
their responsibility.

3. Where, in particular following the reports
submitted by Member States, it becomes necessary to reinforce and harmonise the
application of the concept of the flexible use of airspace within the single
European sky, implementing rules within the context of the common transport
policy shall be adopted in accordance with the procedure under Article 8
of the framework Regulation.

Article 8

Temporary suspension

1. In cases where the application of Article 7
gives rise to significant operational difficulties, Member States may
temporarily suspend such application on condition that they inform without
delay the Commission and the other Member States thereof.

2. Following the introduction of a temporary
suspension, adjustments to the rules adopted under Article 7(3) may be worked
out for the airspace under the responsibility of the Member State(s) concerned,
in accordance with the procedure under Article 8 of the framework Regulation

ò new

Article 24

Technological development and interoperability of air traffic
management

1. The Commission
shall adopt detailed rules concerning the promotion of the technological
development and interoperability of air traffic management related to the
development and deployment of the ATM Master Plan. Those implementing acts
shall be adopted in accordance with the examination procedure
referred to in Article 27(3).

2. In respect of
the rules referred to in paragraph 1, Article 17(2)(b) of Regulation (EC) No
216/2008 shall apply. Where appropriate, the Commission shall request EAA to
include these rules in the annual work programme referred to in Article 56 of
that Regulation.

ê 552/2004

ð new

3. Implementing rules for interoperability shall in
particular:

(a)
 determine any specific requirements that complement
or refine the essential requirements, in particular in terms of safety,
seamless operation and performance; and/or

(b)
describe, where appropriate, any specific requirements that complement
or refine the essential requirements, in particular regarding the coordinated
introduction of new, agreed and validated concepts of operation or
technologies; and/or

(c)
determine the constituents when dealing with systems; and/or

(d)
describe the specific conformity assessment procedures involving, where
appropriate ,notified bodies as referred to in Article 8, based on the modules
defined in Decision 93/465/EEC to be used to assess either the conformity or
the suitability for use of constituents as well as the verification of systems;
and/or

(e)
specify the conditions of implementation including, where appropriate,
the date by which all relevant stakeholders are required to comply with them.

ê 552/2004

CHAPTER II V

ESSENTIAL REQUIREMENTS, IMPLEMENTING RULES FOR
INTEROPERABILITY AND COMMUNITY SPECIFICATIONS

Article 2

Essential requirements

The EATMN, its systems and their constituents and
associated procedures shall meet essential requirements. The essential
requirements are set out in Annex II.

Article 3

Implementing rules for interoperability

1. Implementing rules for interoperability shall be
drawn up whenever necessary to achieve in a coherent way the objectives of this
Regulation.

2. Systems, constituents and associated procedures
shall comply with the relevant implementing rules for interoperability
throughout their lifecycle.

4. The preparation, adoption and review of
implementing rules for interoperability shall take into account the estimated
costs and benefits of technical solutions by means of which they may be
complied with, with a view to defining the most viable solution, having due
regard to the maintenance of an agreed high level of safety. An assessment of
the costs and benefits of those solutions for all stakeholders concerned shall
be attached to each draft implementing rule for interoperability.

5. Implementing rules for interoperability shall be
established in accordance with the procedure under Article 8 of the
framework Regulation.

Article 4

Community specifications

1. In pursuit of the objective of this Regulation,
Community specifications may be established. Such specifications may be:

(a) European standards for systems or constituents,
together with the relevant procedures, drawn up by the European standardisation
bodies in cooperation with Eurocae, on a mandate from the Commission in
accordance with Article 6(4) of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down a procedure for
the provision of information in the field of technical standards and
regulations[50] and pursuant
to the general guidelines on cooperation between the Commission and the
standardisation bodies signed on 13 November 1984;

or

(b) specifications drawn up by Eurocontrol on matters of operational
coordination between air navigation service providers, in response to a request
from the Commission in accordance with the procedure referred to in
Article 5(2) of the framework Regulation.

2. Compliance with the essential requirements and/or
the implementing rules for interoperability shall be presumed for systems,
together with the associated procedures, or constituents that meet the relevant
Community specifications and whose reference numbers have been published in the
Official Journal of the European Union.

3. The Commission shall publish the references to the
European standards referred to in paragraph 1(a) in the Official
Journal of the European Union.

4. The references to Eurocontrol specifications
referred to in paragraph 1(b), shall be published by the Commission in the
Official Journal of the European Union in accordance with the procedure
referred to in Article 5(2) of the framework Regulation.

5. Where a Member State or the Commission considers
that conformity with a published Community specification does not ensure
compliance with the essential requirements and/or implementing rules for
interoperability which the said Community specification is intended to cover,
the procedure referred to in Article 5(2) of the framework Regulation shall
apply.

6. In the case of shortcomings of published European
standards, partial or total withdrawal of the standards concerned from the
publications containing them, or amendments thereto, may be decided upon in
accordance with the procedure referred to in Article 5(2) of the framework
Regulation after consultation of the committee set up under Article 5 of
Directive 98/34/EC.

7. In the case of shortcomings of published
Eurocontrol specifications, partial or total withdrawal of the specifications
concerned from the publications containing them, or amendment thereof, may be
decided upon in accordance with the procedure referred to in Article 5(2)
of the framework Regulation.

CHAPTER III

VERIFICATION OF COMPLIANCE

Article 5

EC declaration of conformity or suitability for use
of constituents

1. Constituents shall be accompanied by an EC
declaration of conformity or suitability for use. The elements of this
declaration are set out in Annex III.

2. The manufacturer, or its authorised representative
established in the Community, shall ensure and declare, by means of the EC
declaration of conformity or suitability for use, that he has applied the
provisions laid down in the essential requirements and in the relevant
implementing rules for interoperability.

3. Compliance with the essential requirements and the
relevant implementing rules for interoperability shall be presumed in relation
to those constituents that are accompanied by the EC declaration of conformity
or suitability for use.

4. The relevant implementing rules for
interoperability shall identify, where appropriate, the tasks pertaining to the
assessment of conformity or suitability for use of constituents to be carried
out by the notified bodies referred to in Article 8.

Article 6

EC declaration of verification of systems

1. Systems shall be subject to an EC verification by
the air navigation service provider in accordance with the relevant
implementing rules for interoperability, in order to ensure that they meet the
essential requirements of this Regulation and the implementing rules for
interoperability, when integrated into the EATMN.

2. Before a system is put into service, the relevant
air navigation service provider shall establish an EC declaration of
verification, confirming compliance, and shall submit it to the national
supervisory authority together with a technical file. The elements of this
declaration and of the technical file are set out in Annex IV. The
national supervisory authority may require any additional information necessary
to supervise such compliance.

3. The relevant implementing rules for
interoperability shall identify, where appropriate, the tasks pertaining to the
verification of systems to be carried out by the notified bodies as referred to
in Article 8.

4. The EC declaration of verification shall be
without prejudice to any assessments that the national supervisory authority
may need to carry out on grounds other than interoperability.

ê 1070/2009
Art. 4.1

Article 6a

Alternative verification of compliance

A certificate issued in accordance with Regulation
(EC) No 216/2008 of the European Parliament and of the Council of
20 February 2008 on common rules in the field of civil aviation and
establishing a European Aviation Safety Agency[51],
where it applies to constituents or systems, shall be considered, for the
purposes of Articles 5 and 6 of this Regulation, as an EC declaration
of conformity or suitability for use, or as an EC declaration of verification,
if it includes a demonstration of compliance with the essential requirements of
this Regulation and the relevant implementing rules for interoperability.

ê 552/2004

Article 7

Safeguards

1. Where the national supervisory authority
ascertains that:

(a) a constituent accompanied by an EC declaration of conformity
or suitability for use, or

(b) a system accompanied by the EC declaration of
verification,

does not comply with the essential requirements
and/or relevant implementing rules for interoperability, it shall, with due
regard to the need to ensure safety and continuity of operations, take all
measures necessary to restrict the area of application of the constituent or
the system concerned or to prohibit its use by the entities under the
responsibility of the authority.

2. The Member State concerned shall immediately
inform the Commission of any such measures, indicating its reasons and, in
particular, whether in its opinion non-compliance with the essential
requirements is due to:

(a) failure to meet the essential requirements;

(b) incorrect application of the implementing rules for
interoperability and/or Community specifications;

(c) shortcomings in the implementing rules for
interoperability and/or Community specifications.

3. As soon as possible, the Commission shall consult
the parties concerned. After such consultation, the Commission shall inform the
Member State of its findings and of its opinion as to whether the measures
taken by the national supervisory authority are justified.

4. Where the Commission establishes that the measures
taken by the national supervisory authority are not justified, it shall request
the Member State concerned to ensure that they are withdrawn without delay. It
shall forthwith so inform the manufacturer or its authorised representative
established in the Community.

5. Where the Commission establishes that
non-compliance with the essential requirements is due to incorrect application
of the implementing rules for interoperability and/or the Community
specifications, the Member State concerned shall take appropriate measures
against the originator of the declaration of conformity or suitability for use
or the EC declaration of verification and shall inform the Commission and the
other Member States thereof.

6. Where the Commission establishes that
non-compliance with the essential requirements is due to shortcomings in the
Community specifications, the procedures referred to in Article 4(6) or
(7) shall apply.

CHAPTER IV V

final
provisions

ê 1070/2009
Art. 2.11 (adapted)

Article 2517

Revision Ö Adaptation Õ of Ö the Õ
Annexes

Measures, designed to amend non-essential elements of
the Annexes in order to take into account technical or operational
developments, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 5(4) of the framework
Regulation.

On imperative grounds of urgency, the Commission may
use the urgency procedure referred to in Article 5(5) of the framework
Regulation.

ò new

The Commission
shall be empowered to adopt delegated acts in accordance with Article 26 in
order to supplement or amend the requirements for qualified entities listed in
Annex I and the conditions to be attached to certificates to be awarded to air
navigation service providers listed in Annex II in order to take account of
experience gained by national supervisory authorities in applying these
requirements and conditions or of the evolution of air traffic management
system in terms of interoperability and integrated provision of air navigation
services.

ò new

Article 26

Exercise
of the delegation

1. The power to
adopt delegated acts is conferred on the Commission subject to the conditions
laid down in this Article.

2. The delegation
of power referred to in Article 11(7), Article 17(3) and Article 25 shall be
conferred on the Commission for an indeterminate period of time.

3. The delegation
of power referred to in Article 11(7), Article 17(3) and Article 25 may be
revoked at any time by the European Parliament or by the Council. A decision of
revocation shall put an end to the delegation of the power specified in that
decision. It shall take effect the day following the publication of the
decision in the Official Journal of the European Union or at a
later date specified therein. It shall not affect the validity of any delegated
acts already in force.

4. As soon as it
adopts a delegated act, the Commission shall notify it simultaneously to the
European Parliament and to the Council.

5. A delegated
act adopted pursuant to Article 11(7), Article 17(3) and Article 25shall enter
into force only if no objection has been expressed either by the European
Parliament or the Council within a period of 2 months of notification of that
act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the
Commission that they will not object. That period shall be extended by 2
months at the initiative of the European Parliament or the Council.

ê 549/2004

ð new

Article 27 5

Committee procedure

1. The Commission shall be assisted by the
Single Sky Committee, hereinafter referred to as ‘the Committee’, composed of two
representatives of each Member State and chaired by a representative of the
Commission. The Committee shall ensure an appropriate consideration of the
interests of all categories of users. ð The Committee shall be a committee
within the meaning of Regulation (EU) No 182/2011. ï

2. Where reference is made to this
paragraph, Articles 3
and 7 ð 4ï of Decision
1999/468/EC ð Regulation (EU) No 182/2011 ï shall apply, having regard to the provisions of Article 8
thereof.

3. Where reference is made to this
paragraph, Articles 5
and 7 of Decision 1999/468/EC ð Regulation (EU) No 182/2011 ï shall apply, having regard to the provisions of Article 8
thereof.

The period referred to in Article 5(6) of Decision
1999/468/EC shall be set at one month.

ê 1070/2009
Art. 1.4

4. Where reference is made to this paragraph,
Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall
apply, having regard to the provisions of Article 8 thereof.

5. Where reference is made to this paragraph,
Article 5a(1), (2), (4),(6) and Article 7 of Decision 1999/468/EC
shall apply, having regard to the provisions of Article 8 thereof.

ê 1070/2009
Art. 1.5 (adapted)

ð new

Article
2810

Ö Consultation
of stakeholders by the Commission Õ

12.
The Commission shall establish a consultation mechanism at Community Ö Union Õ level ð to consult on matters related to the
implementation of this Regulation where appropriate ï. The specific Sectoral Dialogue Committee set up under Ö Commission Õ Decision
98/500/EC shall be involved in the consultation.

3. Consultation of stakeholders shall cover, in
particular, the development and introduction of new concepts and technologies
in the EATMN.

2. The
stakeholders may include:

–
air navigation service providers,

–
airport operators,

–
relevant airspace users or relevant groups
representing airspace users,

–
military authorities,

–
manufacturing industry, and,

–
professional staff representative bodies.

ê 1070/2009
Art. 1.5 (adapted)

Article 296

Industry consultation body

Without prejudice to the role of the
Committee and of Eurocontrol, the Commission shall establish an ‘industry
consultation body’, to which air navigation service providers, associations of
airspace users, airport operators, the manufacturing industry and professional
staff representative bodies shall belong. The role of this body shall solely be
to advise the Commission on the implementation of the sSingle
European sSky.

Article 307

Relations with European third countries

ê 1070/2009
Art. 1.5 (adapted)

ð new

The Community Ö Union Õ and its Member
States shall aim at and support the extension of the sSingle
European sSky.to
countries which are not members of the European Union. To that end, they shall
endeavour, either in the framework of agreements concluded with neighbouring
third countries or in the context of agreements on functional airspace blocks
ð joint designations of functional
airspace blocks or agreements on network functions ï , to extend
the application ð further the objectives ï of this Regulation,
and of the measures referred to in Article 3, to those countries.

ê 1070/2009
Art. 1.5 (adapted)

ð new

Article 318

Ö Support
by outside bodies Õ Implementing rules

1. For the development of implementing rules
tThe
Commission may ð request support from ï issue
mandates to Eurocontrol or, where appropriate, to another ð an outside ï body ð for the fulfilment of its tasks
under this Regulation ï .,
setting out the tasks to be performed and the timetable for this and taking
into account the relevant deadlines laid down in this Regulation. The
Commission shall act in accordance with the advisory procedure referred to in
Article 5(2).

2. When the Commission intends to issue a mandate in
accordance with paragraph 1 it shall endeavour to make the best use of
existing arrangements for the involvement and consultation of all interested parties,
where these arrangements correspond to Commission practices on transparency and
consultation procedures and do not conflict with its institutional obligations.

ê 1070/2009
Art. 2.1

Article 4

Safety requirements

The Commission shall, in accordance with the
regulatory procedure referred to in Article 5(3) of the framework
Regulation, adopt implementing rules incorporating the relevant provisions of
the Eurocontrol safety regulatory requirements (ESARRs) and subsequent
amendments to those requirements falling within the scope of this Regulation,
where necessary with appropriate adaptations.

ê 550/2004
(adapted)

CHAPTER IV

FINAL PROVISIONS

ê 1070/2009
Art. 4.2

Article 9

Revision of Annexes

Measures, designed to amend non-essential elements of
the Annexes, in order to take into account technical or operational
developments, shall be adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 5(4) of the framework Regulation.

ê 1070/2009
Art. 2.11

Article 3218

Confidentiality

1. Neither the national supervisory
authorities, acting in accordance with their national legislation, nor the
Commission shall disclose information of a confidential nature, in particular
information about air navigation service providers, their business relations or
their cost components.

2. Paragraph 1 shall be without
prejudice to the right of disclosure by national supervisory authorities or the
Commission where this is essential for the fulfilment of their duties, in which
case such disclosure shall be proportionate and shall have regard to the
legitimate interests of air navigation service providers, airspace users,
airports or other relevant stakeholders in the protection of their business secrets.

3. Information and data provided pursuant
to the charging scheme referred to in Article 1214
shall be publicly disclosed.

ê 1070/2009
Art. 1.5 (adapted)

ð new

Article 339

Penalties

The penalties that Member States shall lay down Ö rules on
penalties applicable to Õ for
infringements of this Regulation, and of the measures referred to in Article 3 in particular by airspace users and service providers ð ,and shall take all measures
necessary to ensure that they are implemented. The penalties provided for ï shall be effective, proportionate and dissuasive.

ê 549/2004
(adapted)

Article 3412

Supervision,
monitoring Ö Review Õ and methods
of impact assessment

1. The supervision, monitoring and methods of impact
assessment shall be based on the submission of annual reports by the Member
States on implementation of the actions taken pursuant to this Regulation and
to the measures referred to in Article 3.

ê 1070/2009
Art. 1.6(a) (adapted)

ð new

12.
The Commission shall periodically review the application of this Regulation and of the measures referred to in
Article 3, and shall firstly report
to the European Parliament and to the Council by 4 June 2011, and at the end
of each reference period referred to in Article 11(53)(d). thereafter.
When justified for this purpose, the Commission may request from the Member
States information additional
to the information contained in the reports submitted by them in accordance
with paragraph 1 of this Article ð relevant to the application of this
Regulation ï.

ê 549/2004

3. For the purposes of drafting the reports referred
to in paragraph 2, the Commission shall request the opinion of the Committee.

ê 1070/2009
Art. 1.6(b)

24.
The reports shall contain an evaluation of the results achieved by the actions
taken pursuant to this Regulation including appropriate information about
developments in the sector, in particular concerning economic, social,
environmental, employment and technological aspects, as well as about quality
of service, in the light of the original objectives and with a view to future
needs.

ê 1070/2009
Art. 2.12 (adapted)

Article 18a

Review

The Commission shall
submit a study to the European Parliament and to the Council no later than
4 December 2012 evaluating the legal, safety, industrial, economic and
social impacts of the application of market principles to the provision of
communication, navigation, surveillance and aeronautical information services,
compared to existing or alternative organisational principles and taking into
account developments in the functional airspace blocks and in available
technology.

ê 551/2004
(adapted)

CHAPTER IV

FINAL PROVISIONS

Article 10

Review

In the context of the
periodical review referred to in Article 12(2) of the framework
Regulation, the Commission shall finalise a prospective study on the conditions
for future application of the concepts referred to in Articles 3, 5 and 6
to lower airspace.

On the basis of the
study's conclusions and in the light of the progress achieved, the Commission
shall submit at the latest by 31 December 2006 a report to the European
Parliament and to the Council accompanied, if appropriate, by a proposal to
extend the application of these concepts to lower airspace, or to determine any
other steps. In the event of such an extension being envisaged, the relevant
decisions should preferably be taken before 31 December 2009.

ê 549/2004
(adapted)

Article 3513

Safeguards

This Regulation shall not prevent the
application of measures by a Member State to the extent to which Ö that Õ these are
needed to safeguard essential security or defence policy interests. Such
measures are in particular those which are imperative:

(a)          for the surveillance of airspace that is under its
responsibility in accordance with ICAO Regional Air Navigation agreements,
including the capability to detect, identify and evaluate all aircraft using
such airspace, with a view to seeking to safeguard safety of flights and to
take action to ensure security and defence needs,

(b)          in the event of serious internal disturbances affecting
the maintenance of law and order,

(c)          in the event of war or serious international tension
constituting a threat of war,

(d)          for the fulfilment of a Member State's international
obligations in relation to the maintenance of peace and international security,

(e)          in order to conduct military operations and training,
including the necessary possibilities for exercises.

ê 1070/2009
Art. 1.7 (adapted)

ð new

Article 3613a

European ð Union Agency for ï Aviation Safety Agency ð (EAA) ï

When implementing this Regulation and Regulations (EC) No 550/2004, (EC)
No 551/2004, (EC) No 552/2004 and Regulation (EC) No 216/2008 of
the European Parliament and of the Council of 20 February 2008 on common
rules in the field of civil aviation and establishing a European Aviation
Safety Agency[52], Member States
and the Commission, in accordance with their respective roles as provided for
by this Regulation, shall coordinate as appropriate with ð EAA ï the European
Aviation Safety Agency to ensure that all
safety aspects are properly addressed.

ê 552/2004
(adapted)

Article 10

Transitional
arrangements

1. Starting from 20
October 2005, the essential requirements shall apply to the putting into
service of systems and constituents of the EATMN, if not otherwise specified by
the relevant implementing rules for interoperability.

2. Compliance with
the essential requirements shall be required for all systems and constituents
of the EATMN currently in operation by 20 April 2011, if not otherwise
specified by the relevant implementing rules for interoperability.

ê 1070/2009
Art. 4.3 (adapted)

2a. For the purposes
of paragraph 2 of this Article, Member States may declare systems and
constituents of the EATMN as compliant with the essential requirements and
exempt from the provisions of Articles 5 and 6.

ê 552/2004
(adapted)

3. Where systems of
the EATMN have been ordered or binding contracts to that effect have been
signed

–
before the date of entry
into force of this Regulation, or, where appropriate,

–
before the date of entry
into force of one or more relevant implementing rules for interoperability,

so that compliance
with the essential requirements and/or the relevant implementing rules for
interoperability cannot be guaranteed within the time limit mentioned in
paragraph 1, the Member State concerned shall communicate to the
Commission detailed information on the essential requirements and/or
implementing rules for interoperability where uncertainty of compliance has
been identified.

The Commission shall
enter into consultation with the parties concerned, after which it shall take a
decision in accordance with the procedure referred to in Article 5(3) of
the framework Regulation.

ê 552/2004
(adapted)

Article 3711

Repeal

Directives 93/65/EEC
and 97/15/EC and Regulations (EC) Nos 2082/2000 Ö 549/2004,
550/2004, 551/2004 Õ and 980/2002 Ö 552/2004 Õ shall be Ö are Õ repealed on 20 October 2005.

Ö References to the repealed Regulations
shall be construed as references to this Regulation and shall be read in
accordance with the correlation table in Annex III. Õ

ê 550/2004
(adapted)

Article 3819

Entry into force

1. This Regulation shall enter into force on the 20th twentieth day following that of its publication in the Official Journal
of the European Union.

ê 550/2004
(adapted)

2. However,
Articles 7 and 8 shall enter into force one year after publication of the
common requirements, as referred to in Article 6, in the Official Journal
of the European Union.

ê 550/2004

This
Regulation shall be binding in its entirety and directly applicable in all
Member States.

Done at Strasbourg,

For the European Parliament                       For
the Council

The
President                                                 The President

ê 550/2004

è1 1070/2009
Art. 2.13(a)

è2 1070/2009
Art. 2.13(b)

ANNEX I

è1 REQUIREMENTS FOR QUALIFIED ENTITIES ç

è2 The qualified entities must: ç

–
be able to document extensive experience in
assessing public and private entities in the air transport sectors, in
particular air navigation service providers, and in other similar sectors in
one or more of the fields covered by this Regulation,;

–
have comprehensive rules and regulations for the
periodic survey of the abovementioned entities, published and continually
upgraded and improved through research and development programmes,;

ê 1070/2009
Art. 2.13(b)

–
not be controlled by air navigation service
providers, by airport management authorities or by others engaged commercially
in the provision of air navigation services or in air transport services,

–
be established with significant technical,
managerial, support and research staff commensurate with the tasks to be
carried out,.

ê 552/2004

- 6. The body must
take out liability insurance unless its liability is assumed by the Member
State in accordance with national law, or the Member State itself is directly
responsible for the inspections.

7. The staff of the body must observe professional
secrecy with regard to all information acquired in carrying out their tasks
under this Regulation.

ê 552/2004
(adapted)

ð new

ANNEX V

NOTIFIED BODIES

1 The body
ð qualified entity ï , its Director and the staff responsible for carrying out the
checks may not become involved, either directly or as authorised representatives, in the
design, manufacture, marketing or maintenance of the constituents or systems or
in their use. This does not exclude the possibility of an exchange of technical
information between the manufacturer or constructor and that body.

2. The
body and the staff responsible for the checks ð The qualified entity ï must carry out the checks with the greatest possible
professional integrity and the greatest possible technical competence and must
be free of any pressure and incentive, in particular of a financial type, which
could affect Ö its Õ their judgment
or the results of Ö its Õ their
inspection, in particular from persons or groups of persons affected by the
results of the checks.

3. The body must employ staff and possess the means
required to perform adequately the technical and administrative tasks linked
with the checks; it should also have access to the equipment needed for
exceptional checks.

ê 552/2004
(adapted)

ð new

4. The staff ð of the qualified entity ï responsible
for inspection must have:

–
sound technical and vocational training,

–
satisfactory knowledge of the requirements of
the inspections they carry out and adequate experience of such operations,

–
the ability required to draw up the
declarations, records and reports to demonstrate that the inspections have been
carried out.

- 5. The ð guaranteed ï impartiality of the inspection staff must be guaranteed. Their Ö staff's Õ remuneration
must not depend on the number of inspections carried out or on the results of
such inspections.

ê 1070/2009
Art. 2.13(b)

ð new

–
be managed and administered in such a way as to
ensure the confidentiality of information required by the administration,;

–
be prepared to provide relevant information to the
national supervisory authority concerned,;

–
have defined and documented its policy and objectives
for and commitment to quality and have ensured that this policy is understood,
implemented and maintained at all levels in the organisation,;

–
have developed, implemented and maintained an
effective internal quality system based on appropriate parts of internationally
recognised quality standards and in compliance with EN 45004 (inspection
bodies) and with EN 29001, as interpreted by the IACS Quality System
Certification Scheme Requirements,;

–
be subject to certification of its quality system by
an independent body of auditors recognised by the authorities of the Member
State in which it is located.;

ê 550/2004

ð new

ANNEX II

CONDITIONS TO BE ATTACHED TO
CERTIFICATES

1. Certificates shall specify:

(a) the national supervisory
authority issuing the certificate;

(b) the applicant (name and
address);

(c) the services which are
certified;

(d) a statement of the
applicant's conformity with the common requirements, as defined in
Article 6
ð 8b ï of this
Regulation ð (EC) No 216/2008 ï ;

(e) the date of issue and the
period of validity of the certificate.

2. Additional conditions attached to
certificates may, as appropriate, be related to:

(a) non-discriminatory access to
services for airspace users and the required level of performance of such
services, including safety and interoperability levels;

(b) the operational
specifications for the particular services;

(c) the time by which the
services should be provided;

(d) the various operating
equipment to be used within the particular services;

(e) ring-fencing or restriction
of operations of services other than those related to the provision of air
navigation services;

(f) contracts, agreements or
other arrangements between the service provider and a third party and which
concern the service(s);

(g) provision of information
reasonably required for the verification of compliance of the services with the
common requirements, including plans, financial and operational data, and major
changes in the type and/or scope of air navigation services provided;

(h) any other legal conditions
which are not specific to air navigation services, such as conditions relating
to the suspension or revocation of the certificate.

ê 552/2004

ANNEX I

LIST OF SYSTEMS FOR AIR NAVIGATION SERVICES

For the purpose of this Regulation the EATMN is
subdivided into eight systems.

1. Systems and procedures for airspace management.

2. Systems and procedures for air traffic flow
management.

3. Systems and procedures for air traffic services, in
particular flight data processing systems, surveillance data processing systems
and human-machine interface systems.

4. Communications systems and procedures for
ground-to-ground, air-to-ground and air-to-air communications.

5. Navigation systems and procedures.

6. Surveillance systems and procedures.

7. Systems and procedures for aeronautical information
services.

8. Systems and procedures for the use of meteorological
information.

ANNEX II

ESSENTIAL REQUIREMENTS

Part A:
General requirements

These are network-wide requirements that are
generally applicable to each one of the systems identified in Annex I.

1. Seamless
operation

Air traffic management systems and their constituents
shall be designed, built, maintained and operated using the appropriate and
validated procedures, in such a way as to ensure the seamless operation of the
EATMN at all times and for all phases of flight. Seamless operation can be
expressed, in particular, in terms of information-sharing, including the
relevant operational status information, common understanding of information,
comparable processing performances and the associated procedures enabling
common operational performances agreed for the whole or parts of the EATMN.

2. Support
for new concepts of operation

ê 1070/2009
Art. 4.4(a)

The EATMN, its systems and their constituents shall
support, on a coordinated basis, new agreed and validated concepts of operation
that improve the quality, sustainability and effectiveness of air navigation
services, in particular in terms of safety and capacity.

ê 552/2004

The potential of new concepts, such as collaborative
decision-making, increasing automation and alternative methods of delegation of
separation responsibility, shall be examined taking due account of
technological developments and of their safe implementation, following
validation.

3. Safety

Systems and operations of the EATMN shall achieve
agreed high levels of safety. Agreed safety management and reporting
methodologies shall be established to achieve this.

In respect of appropriate ground-based systems, or
parts thereof, these high levels of safety shall be enhanced by safety nets
which shall be subject to agreed common performance characteristics.

A harmonised set of safety requirements for the
design, implementation, maintenance and operation of systems and their constituents,
both for normal and degraded modes of operation, shall be defined with a view
to achieving the agreed safety levels, for all phases of flight and for the
entire EATMN.

Systems shall be designed, built, maintained and
operated, using the appropriate and validated procedures, in such a way that
the tasks assigned to the control staff are compatible with human capabilities,
in both the normal and degraded modes of operation, and are consistent with
required safety levels.

Systems shall be designed, built, maintained and
operated using the appropriate and validated procedures, in such a way as to be
free from harmful interference in their normal operational environment.

4.
Civil-military coordination

The EATMN, its systems and their constituents shall
support the progressive implementation of civil/military coordination, to the
extent necessary for effective airspace and air traffic flow management, and
the safe and efficient use of airspace by all users, through the application of
the concept of the flexible use of airspace.

To achieve these objectives, the EATMN, its systems
and their constituents shall support the timely sharing of correct and
consistent information covering all phases of flight, between civil and
military parties.

Account should be taken of national security
requirements.

5.
Environmental constraints

Systems and operations of the EATMN shall take into
account the need to minimise environmental impact in accordance with Community
legislation.

6. Principles
governing the logical architecture of systems

Systems shall be designed and progressively
integrated with the objective of achieving a coherent and increasingly
harmonised, evolutionary and validated logical architecture within the EATMN.

7. Principles
governing the construction of systems

Systems shall be designed, built and maintained on
the grounds of sound engineering principles, in particular those relating to
modularity, enabling interchangeability of constituents, high availability, and
redundancy and fault tolerance of critical constituents.

Part B:
Specific requirements

These are the requirements that are specific to each
one of the systems and that complement or further refine the general
requirements.

1. Systems
and procedures for airspace management

1.1. Seamless operation

Information relating to pre-tactical and tactical
aspects of airspace availability shall be provided to all interested parties in
a correct and timely way so as to ensure an efficient allocation and use of
airspace by all airspace users. This should take into account national security
requirements.

2. Systems
and procedures for air traffic flow management

2.1. Seamless operation

Systems and procedures for air traffic flow
management shall support the sharing of correct, coherent and relevant
strategic, pre-tactical and tactical, as applicable, flight information
covering all phases of flight and offer dialogue capabilities with a view to
achieving optimised use of airspace.

3. Systems
and procedures for air traffic services

3.1. Flight data processing systems

3.1.1. Seamless operation

Flight data processing systems shall be interoperable
in terms of the timely sharing of correct and consistent information, and a
common operational understanding of that information, in order to ensure a
coherent and consistent planning process and resource-efficient tactical
coordination throughout the EATMN during all phases of flight.

In order to ensure safe, smooth and expeditious
processing throughout the EATMN, flight data processing performances shall be
equivalent and appropriate for a given environment (surface, terminal
manoeuvring area (TMA), en-route), with known traffic characteristics and
exploited under an agreed and validated operational concept, in particular in
terms of accuracy and error tolerance of processing results.

3.1.2. Support for new concepts of operation

ê 1070/2009
Art. 4.4(b)

Flight data processing systems shall accommodate the
progressive implementation of advanced, agreed and validated concepts of
operation for all phases of flight, in particular as envisaged in the ATM
Master Plan.

ê 552/2004

The characteristics of automation-intensive tools
must be such as to enable coherent and efficient pre-tactical and tactical
processing of flight information in parts of the EATMN.

Airborne and ground systems and their constituents
supporting new, agreed and validated concepts of operation shall be designed,
built, maintained and operated, using appropriate and validated procedures, in
such a way as to be interoperable in terms of timely sharing of correct and
consistent information and a common understanding of the current and predicted
operational situation.

3.2. Surveillance data processing systems

3.2.1. Seamless operation

Surveillance data processing systems shall be
designed, built, maintained and operated using the appropriate and validated
procedures, in such a way as to provide the required performance and quality of
service within a given environment (surface, TMA, en-route) with known traffic
characteristics, in particular in terms of accuracy and reliability of computed
results, correctness, integrity, availability, continuity and timeliness of
information at the control position.

Surveillance data processing systems shall
accommodate the timely sharing of relevant, accurate, consistent and coherent
information between them to ensure optimised operations through different parts
of the EATMN.

ê 1070/2009
Art. 4.4(b)

3.2.2. Support for new concepts of operation

Surveillance data processing systems shall accommodate
the progressive availability of new sources of surveillance information in such
a way as to improve the overall quality of service, in particular as envisaged
in the ATM Master Plan.

ê 552/2004

3.3. Human-machine interface systems

3.3.1. Seamless operation

Human-machine interfaces of ground air traffic
management systems shall be designed, built, maintained and operated using the
appropriate and validated procedures, in such a way as to offer to all control
staff a progressively harmonised working environment, including functions and
ergonomics, meeting the required performance for a given environment (surface,
TMA, en-route), with known traffic characteristics.

3.3.2. Support for new concepts of operation

Human-machine interface systems shall accommodate the
progressive introduction of new, agreed and validated concepts of operation and
increased automation, in such a way as to ensure that the tasks assigned to the
control staff remain compatible with human capabilities, in both the normal and
degraded modes of operation.

4.
Communications systems and procedures for ground-to-ground, air-to-ground and
air-to-air communications

4.1. Seamless operation

Communication systems shall be designed, built,
maintained and operated using the appropriate and validated procedures, in such
a way as to achieve the required performances within a given volume of airspace
or for a specific application, in particular in terms of communication
processing time, integrity, availability and continuity of function.

The communications network within the EATMN shall be
such as to meet the requirements of quality of service, coverage and
redundancy.

ê 1070/2009
Art. 4.4(b)

4.2. Support for new concepts of operation

Communication systems shall support the
implementation of advanced, agreed and validated concepts of operation for all
phases of flight, in particular as envisaged in the ATM Master Plan.

ê 552/2004

5. Navigation
systems and procedures

5.1. Seamless operation

Navigation systems shall be designed, built,
maintained and operated using appropriate and validated procedures in such a
way as to achieve the required horizontal and vertical navigation performance,
in particular in terms of accuracy and functional capability, for a given
environment (surface, TMA, en-route), with known traffic characteristics and
exploited under an agreed and validated operational concept.

6.
Surveillance systems and procedures

6.1. Seamless operation

Surveillance systems shall be designed, built, maintained
and operated using appropriate and validated procedures in such a way as to
provide the required performance applicable in a given environment (surface,
TMA, en-route) with known traffic characteristics and exploited under an agreed
and validated operational concept, in particular in terms of accuracy,
coverage, range and quality of service.

The surveillance network within the EATMN shall be
such as to meet the requirements of accuracy, timeliness, coverage and
redundancy. The surveillance network shall enable surveillance data to be
shared in order to enhance operations throughout the EATMN.

7. Systems
and procedures for aeronautical information services

7.1. Seamless operation

Accurate, timely and consistent aeronautical
information shall be provided progressively in an electronic form, based on a
commonly agreed and standardised data set.

Accurate and consistent aeronautical information, in
particular concerning airborne and ground-based constituents or systems, shall
be made available in a timely manner.

7.2. Support for new concepts of operation

Increasingly accurate, complete and up-to-date
aeronautical information shall be made available and used in a timely manner in
order to support continuous improvement of the efficiency of airspace and
airport use.

8. Systems
and procedures for the use of meteorological information

8.1. Seamless operation

Systems and procedures for the use of meteorological
information shall improve the consistency and timeliness of its provision and
the quality of its presentation, using an agreed data set.

8.2. Support for new concepts of operation

Systems and procedures for the use of meteorological
information shall improve the promptness of its availability and the speed with
which it may be used, in order to support continuous improvement of the
efficiency of airspace and airport use.

ANNEX III

CONSTITUENTS

EC declaration

–
of conformity

–
of suitability for use

1.
Constituents

The constituents will be identified in the
implementing rules for interoperability in accordance with the provisions of
Article 3 of this Regulation.

2. Scope

The EC declaration covers:

–
either the assessment of the intrinsic conformity of
a constituent, considered in isolation, with the Community specifications to be
met, or

–
the assessment/judgment of the suitability for use of
a constituent, considered within its air traffic management environment.

The assessment procedures implemented by the notified
bodies at the design and production stages will draw upon the modules defined
in Decision 93/465/EEC, in accordance with the conditions set out in the
relevant implementing rules for interoperability.

3. Contents
of the EC declaration

The EC declaration of conformity or suitability for
use and the accompanying documents must be dated and signed.

That declaration must be written in the same language
as the instructions and must contain the following:

–
the Regulation references,

–
the name and address of the manufacturer or its
authorised representative established within the Community (give trade name and
full address and, in the case of the authorised representative, also give the
trade name of the manufacturer),

–
description of the constituent,

–
description of the procedure followed in order to
declare conformity or suitability for use (Article 5 of this Regulation),

–
all of the relevant provisions met by the constituent
and in particular its conditions of use,

–
if applicable, name and address of notified body or
bodies involved in the procedure followed in respect of conformity or
suitability for use and date of examination certificate together, where
appropriate, with the duration and conditions of validity of the certificate,

–
where appropriate, reference to the Community
specifications followed,

–
identification of signatory empowered to enter into commitments on behalf
of the manufacturer or of the manufacturer's authorised representative
established in the Community.

ANNEX IV

SYSTEMS

EC declaration of verification of systems

Verification procedure for systems

1. Contents
of EC declaration of verification of systems

The EC declaration of verification and the
accompanying documents must be dated and signed. That declaration must be
written in the same language as the technical file and must contain the
following:

–
the Regulation references,

–
name and address of the air navigation service
provider (trade name and full address),

–
a brief description of the system,

–
description of the procedure followed in order to
declare conformity of the system (Article 6 of this Regulation),

–
name and address of the notified body which carried
out tasks pertaining to the verification procedure, if applicable,

–
the references of the documents contained in the
technical file,

–
where appropriate, reference to the Community
specifications,

–
all the relevant temporary or definitive provisions
to be complied with by the systems and in particular, where appropriate, any
operating restrictions or conditions,

–
if temporary: duration of validity of the EC
declaration,

–
identification of the signatory.

2.
Verification procedure for systems

Verification of systems is the procedure whereby an
air navigation service provider checks and certifies that a system complies
with this Regulation and may be put into operation on the basis of this
Regulation.

The system is checked for each of the following
aspects:

–
overall design,

–
development and integration of the system, including
in particular constituent assembly and overall adjustments,

–
operational system integration,

–
specific system maintenance provisions if applicable.

Where involvement of a notified body is required by
the relevant implementing rule for interoperability, the notified body, after
having carried out the tasks incumbent upon it in accordance with the rule,
draws up a certificate of conformity in relation to the tasks it carried out.
This certificate is intended for the air navigation service provider. This
provider then draws up the EC declaration of verification intended for the
national supervisory authority.

3. Technical
file

The technical file accompanying the EC declaration of
verification must contain all the necessary documents relating to the
characteristics of the system, including conditions and limits of use, as well
as the documents certifying conformity of constituents where appropriate.

The following documents shall be included as a
minimum:

–
indication of the relevant parts of the technical
specifications used for procurement that ensure compliance with the applicable
implementing rules for interoperability and, where appropriate, the Community
specifications,

–
list of constituents as referred to in Article 3
of this Regulation,

–
copies of the EC declaration of conformity or
suitability for use with which the above mentioned constituents must be
provided in accordance with Article 5 of this Regulation accompanied,
where appropriate, by a copy of the records of the tests and examinations
carried out by the notified bodies,

–
where a notified body has been involved in the
verification of the system(s), a certificate countersigned by itself, stating
that the system complies with this Regulation and mentioning any reservations
recorded during performance of activities and not withdrawn,

–
where there has not been involvement of a notified
body, a record of the tests and installation configurations made with a view to
ensuring compliance with essential requirements and any particular requirements
contained in the relevant implementing rules for interoperability.

4. Submission

The technical file must be attached to the EC
declaration of verification which the air navigation service provider submits
to the national supervisory authority.

A copy of the technical file must be kept by the
provider throughout the service life of the system. It must be sent to any
other Member States which so request.

ANNEX III

CORRELATION TABLE

Regulation 549/2004 || Regulation 550/2004 || Regulation 551/2004 || Regulation 552/2004 || This Regulation

Article 1(1) to (3) || || || || Article 1(1) to (3)

|| || Article 1(3) || || Article 1(4)

Article 1(4) || || || || Article 1(5)

|| Article 1 || || || --------------

|| || Article 1(1), (2) and (4) || || --------------

|| || || Article 1 || --------------

Article 2 Nos (1) to (35) || || || || Article 2 Nos (1) to (35)

|| || || || Article 2 Nos (36) to (38)

Article 2 Nos 17, 18, 23, 24, 32, 35, 36 || || || || ---------------

Article 3 || || || || ---------------

Article 4(1) and (2) || || || || Article 3(1) and (2)

|| || || || Article 3(3) and (4)

Article 4(3) || || || || Article 3(5)

|| || || || Article 3(6)

Article 3(4) to (5) || || || || Article 3(7) and (8)

|| || || || Article 3(9)

|| Article 2(1) || || || Article 4(1a)

|| || || || Article 4(1b) to (1g)

|| Article 2(2) || || || Article 4(2)

|| || || || Article 5(1) and (2)

|| Article 2(3) to (6) || || || Article 5(3) to (6)

|| Article 3(1) and (2) || || || Article 6(1) and (2)

|| || || Article 8(1) and (3) || Article 6(3) and (4)

|| || || || Article 6(5)

|| || || Article 8(2) and (4) || -------------

|| Article 6 || || || ----------- -

Article 10(1) || || || || Article 7(1)

|| || || || Article 7(2)

|| Article 7(1) || || || Article 8(1)

|| || || || Article 8(2)

|| Article 7(4) and (6) || || || Article 8(3) and (4)

|| Article 7(2), (3), (5), (7) to (9) || || || -------------

|| Article 8 || || || Article 9

|| || || || Article 10

|| Article 9 || || || -------------

Article 11 || || || || Article 11

|| Article 14 || || || Article 12

|| Article 15 || || || Article 13

|| Article 16 || || || Article 14

|| Article 15a || || || Article 15

|| Article 9a(1) || || || Article 16(1) and (3)

|| || || || Article 16(2)

|| Article 9a(2) point (i) || || || ------------

|| Article 9a(2) || || || Article 16(4)

|| || || || Article 16(5)

|| Article 9a(3) to (9) || || || Article 16(6) to (12)

|| Article 9b || || || --------------

|| || Article 6(1) to (2b) || || Article 17(1) and (2b)

|| || || || Article 17(2c) to (2e)

|| || Article 6(3) –(4d) || || Article 17(3) to (4d)

|| || || || Article 17(4e)

|| || Article 6(4e) to (4f) || || Article 17(4f) and (4g)

|| || Article 6(5) and (7) || || Article 17(5) and (6)

|| || Article 6(8) and (9) || || -------------

|| Article 10 || || || Article 18

|| || || || Article 19

|| Article 11 || || || Article 20

|| Article 12 || || || Article 21

|| Article 13 || || || Article 22

|| || Article 3 || || ---------------

|| || Article 3a || || Article 23

|| || Article 4 || || ---------- ----

|| || Article 7 || || ---------- ----

|| || Article 8 || || ---------- ----

|| || || || Article 24(1) and (2)

|| || || Article 3(3) || ---------- ----

|| || || Article 2 to 3(2) || -------------

|| || || Article 3(4) to 7 || -------------

|| Article 17(1) || || || Article 25

|| || || || Article 26

Article 5(1) to (3) || || || || Article 27(1) to (3)

Article 5(4) and (5) || || || || -------------

Article 10(2) and (3) || || || || Article 28(1) and (2)

Article 6 || || || || Article 29

Article 7 || || || || Article 30

Article 8 || || || || Article 31

|| Article 4 || || || -------------

|| || || Article 9 || -------------

|| Article 18 || || || Article 32

Article 9 || || || || Article 33

Article 12(2) to (4) || || || || Article 34(1) to (3)

Article 12(1) || || || || -------------

|| Article 18a || || || ---- --------

|| || Article 10 || || ----- -------

Article 13 || || || || Article 35

Article 13a || || || || Article 36

|| || || Article 10 || -------------

|| || || Article 11 || Article 37

|| Article 19(1) || || || Article 38

|| Article 19(2) || || || -------------

|| Annex I || || Annex V || Annex I

|| || || Annex I || -----------

|| Annex II || || || Annex II

|| || || Annex II || ----------

|| || || || Annex III

|| || || Annex III || ----------

|| || || Annex IV || -----------

é

[1]               The
Framework Regulation ((EC) No 549/2004) - laying down the framework for the
creation of the Single European Sky; The Service Provision Regulation ((EC) No
550/2004) - on the provision of air navigation services in the Single European
Sky; The Airspace Regulation ((EC) No 551/2004) - on the organisation and use
of airspace in the Single European Sky; The Interoperability Regulation ((EC)
No 552/2004) - on the interoperability of the European Air Traffic Management
network.

[2]               An
overview of SES legislation can be found in Annex III of the SES2+ Impact
Assessment document.

[3]                      Regulation (EC) No 216/2008, as amended by Regulation (EC) No
1108/2009.

[4]               Whereas
the Commission Roadmap on implementation of the Joint Statement of the European
Parliament, the Council of the EU and the European Commission on decentralised
agencies, of July 2012, requires the standardisation of the names of all EU
Agencies to conform to the same format, for reasons of clarity, this explanatory
memorandum uses the currently existing name of the European Aviation Safety
Agency (EASA) throughout the text. The text of the legislative proposal itself
has been adapted in accordance with the new Joint Statement and Roadmap to use
the standardised name "European Union Agency for Aviation (EAA)"

[5]               Council
Regulation (EC) No 219/2007; SESAR (the Single European Sky ATM Research
Programme) is a technical pillar of SES - an ATM improvement programme
involving all aviation.

[6]               Regulation
(EC) No 216/2008, (as amended by Regulation (EC) No 1108/2009) Art 65a.

[7]               COM(2012)
573 final.

[8]               Regulation
(EC) No 216/2008.

[9]               As
mentioned above, the amendments to the EASA Basic Regulation will be of a
technical nature and therefore will not be analysed in the IA context.

[10]             http://ec.europa.eu/governance/impact/planned_ia/roadmaps_2013_en.htm#MOVE
.

[11]             OJ
C 103 E, 30.4.2002, p. 1.

[12]             OJ
C 241, 7.10.2002, p. 24.

[13]             OJ
C 278, 14.11.2002, p. 13.

[14]             OJ L 96, 31.3.2004,
p. 1.

[15]             OJ L 96, 31.3.2004,
p. 10.

[16]             OJ L 96, 31.3.2004,
p. 20.

[17]             OJ L 96, 31.3.2004,
p. 26.

[18]             See page 1 of this Official Journal.

[19]             See page 1 of this Official Journal.

[20]             See page 1 of this Official Journal.

[21]             See page 9 of this Official Journal.

[22]             See page 20
of this Official Journal.

[23]             See page 10
of this Official Journal.

[24]             See page 20
of this Official Journal.

[25]             OJ C 136, 4.6.1985, p. 1.

[26]             OJ
L 225, 12.8.1998, p. 27.

[27]             OJ L 225,
12.8.1998, p. 27.

[28]             OJ
L 95, 9.4.2009, p. 41

[29]             OJ
L 220, 30.8.1993, p. 23.

[30]             OJ
L 184, 17.7.1999, p. 23.

[31]             OJ C 38, 6.2.2001, p. 3.

[32]             OJ L 187, 29.7.1993, p. 52.
Directive as last amended by Regulation (EC) No 1882/2003 of the European
Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

[33]             OJ L 95, 10.4.1997, p. 16. Directive
as last amended by Regulation (EC) No 2082/2000 (OJ L 254, 9.10.2000,
p. 1).

[34]             OJ L 254, 9.10.2000, p. 1.
Regulation as last amended by Regulation (EC) No 980/2002 (OJ L 150,
8.6.2002, p. 38).

[35]             OJ L 79, 19.3.2008, p.1.

[36]             OJ L 55, 28.2.2011, p.13.

[37]             OJ L 134, 30.4.2004, p.114.

[38]             OJ L 134, 30.4.2004, p. 1

[39]             OJ C 179, 1.8.2006, p. 2.

[40]             See page 10
of this Official Journal.

[41]             OJ L 95,
9.4.2009, p. 41.

[42]             OJ L 64, 2.3.2007, p. 1.

[43]             See page 33
of this Official Journal.

[44]             Convention modified by the protocol of
12 February 1981 and revised by the protocol of 27 June 1997.

[45]             Ö Eurocontrol
has been set up by the
International Convention of 13 December 1960 relating to Cooperation for
the Safety of Air Navigation, as modified by the protocol of 12 February
1981 and revised by the protocol of 27 June 1997. Õ

[46]             See page 20
of this Official Journal.

[47]             See page 10
of this Official Journal.

[48]             See page 26
of this Official Journal.

[49]             OJ L 243, 11.9.2002, p. 1.

[50]             OJ
L 204, 21.7.1998, p. 37. Directive as last amended by Directive
98/48/EC (OJ L 217, 5.8.1998, p. 18).

[51]             OJ L 79,
19.3.2008, p. 1.

[52]             OJ L 79, 19.3.2008, p. 1.